Terms & Conditions
Conditions of Access
By visiting the Kaapzicht website and/or purchasing any product from us, you engage our service and you agree to be bound by these terms. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to the Kaapzicht website or any of our services.
Right to amend these terms
We reserve the right to amend these terms at any time, without notice and it is your responsibility to check these terms regularly. Unless otherwise stated, the current version shall supersede and replace all previous versions and your continued use of the website or our service constitutes acceptance of the changes.
Use of the Kaapzicht Website
- Access to and use of this website is provided by Kaapzicht Landgoed (Pty)Ltd
- You agree to use the Kaapzicht website only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Kaapzicht website. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Kaapzicht website.
Legal age and capacity
- By ordering from Kaapzicht 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.
- All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Kaapzicht website and all content (including all applications) located on the site shall remain vested in Kaapzicht or its licensors (which includes other users). You may not copy, reproduce, republish, disassemble, decompile, reverse-engineer, download, post, broadcast, transmit, make available to the public, or otherwise use Kaapzicht content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any Kaapzicht content except for your own personal, non-commercial use. Any other use of Kaapzicht content requires the prior written permission of Kaapzicht.
- The names, images and logos identifying Kaapzicht or third parties and their products and/or services are subject to copyright, design rights and trademarks of Kaapzicht and/or third parties. Nothing contained in these terms shall be construed as conferring any licence or right to use any trade mark, design right or copyright of Kaapzicht or any other third party.
Contributions to the Kaapzicht Website
- By sharing any contribution (including any text, photographs, graphics, video or audio) with Kaapzicht you agree to grant to Kaapzicht, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) for Kaapzicht services in any media worldwide (including on the Kaapzicht site accessed by international users).
- Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
- In order that Kaapzicht can use your contribution you confirm that your contribution is your own original work, is not defamatory and does not infringe any South African laws, that you have the right to give Kaapzicht permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under the age of 18 years of age.
- Kaapzicht will normally show your name with your contribution, unless you request otherwise, but for operational reasons this is not always possible. Kaapzicht may need to contact you for administrative or verification purposes in relation to your contribution, or in relation to particular projects.
- Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with Kaapzicht.
- If you do not want to grant Kaapzicht the permission set out above on these terms, please do not submit or share your contribution to or with Kaapzicht.
Disclaimers and Limitation of Liability
- Kaapzicht is not responsible for any content posted by members of the public or for the availability or content of any third party sites that are accessible through Kaapzicht. Any links to third party websites from Kaapzicht do not amount to any endorsement of that site by Kaapzicht and any use of that site by you is at your own risk.
- Kaapzicht content, including the information, names, images, pictures, logos and icons regarding or relating to Kaapzicht, its products and services (or to third party products and services), is provided “as is” and on an “as available” basis. To the extent permitted by law, Kaapzicht excludes all representations and warranties (whether express or implied by law), including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Kaapzicht does not guarantee the timeliness, completeness or performance of the website or any of the content. While we try to ensure that all content provided by the Kaapzicht website is correct at the time of publication no responsibility is accepted by or on behalf of Kaapzicht for any errors, omissions or inaccurate content on the website.
- Kaapzicht shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Kaapzicht website or its services, regardless of the form of action and you hereby indemnify Kaapzicht and its associates and employees from any such loss or damage arising from the use of the Kaapzicht website or its services.
- Kaapzicht does not warrant that functions available on the Kaapzicht website will be uninterrupted or error free, that defects will be corrected, or that the Kaapzicht website or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
- Any dispute arising from or in connection with these terms must be finally resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa (AFSA) by an arbitrator appointed jointly by you and Kaapzicht or failing such joint appointment, appointed by AFSA.
- The arbitration will be held in Cape Town with the language to be used being English.
- The provisions of this clause will not prevent Kaapzicht from seeking urgent interim relief in a court of competent jurisdiction, pending arbitration.
- The final (but not any interim) determination in the arbitration will be subject to appeal in terms of the Rules of AFSA, the appeal to be determined by an appellate panel of three persons appointed jointly, or failing such joint appointment appointed as to one by each party and one by AFSA.
- This clause is severable from the rest of the terms and shall therefore remain in force and effect even if these terms are terminated or cancelled at any time.
- If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive and continue to be binding and enforceable.
- The failure or delay of Kaapzicht to exercise or enforce any right in these terms does not waive Kaapzicht right to enforce that right.
- These terms shall be governed by and interpreted in accordance with the laws of South Africa which shall have exclusive jurisdiction over any disputes.
- To be eligible for a return, your product must be in the same condition that you received it, in its original packaging and you will need the receipt or proof of purchase.
- Please contact us for any return or exchange question at email@example.com. Products returned without first requesting a return will not be accepted.
- Kaapzicht will do its best to deliver the product timeously, but shall have no liability for any failure to comply with any specified delivery date and you will not be allowed to cancel your order once the product has been dispatched for delivery or refuse to accept delivery or claim any damages from Kaapzicht and we shall not be liable for any loss, damage, liability, claim, expense or penalty suffered by you arising directly or indirectly from any defects in or the consumption of the product which is sold without any warranties.
Damages and inaccuracies
Please inspect your order upon receipt and contact us immediately if the product is defective, damaged or if you receive the incorrect order, so that we can evaluate the issue and correct the problem. A signed delivery note is prima facie proof that the product has been delivered and received by you, in good condition, whether that delivery note was signed by you or anyone representing you.
Products that cannot be returned, include perishable goods (such as food, flowers, or plants), custom products (such as special orders or personalised items), personal care goods (such as beauty products), hazardous materials (such as flammable liquids or gases), sale products or gift cards. Please contact us if you have questions or concerns about your specific item.
Once we have received and inspected your return, we will let you know if the refund was approved or not. If approved, you will be automatically refunded on your original payment method. Please remember it can take some time for your bank or credit card company to process and post the refund too.
Your right to privacy and security is very important to us. We treat personal information obtained through the use of this website as private and confidential and are committed to providing you with secure access to our online services.
We may electronically collect, store and use personal information with your consent. We may also intercept, block, filter, read, delete and use all communication you send to the website and/or our employees. If you do not consent to this, please do not access or register on the website or use our services.
Personal information we collect
The personal information includes, but is not limited to, your full name, age, birthday, gender, contact details, country of residence, personal preferences, browsing history, purchase history, browsing habits and click patterns, IP address.
How we use the personal information we collect
- We need to collect personal or other information if we are to meet our obligations to you, to follow your instructions, to inform you of new services and to ensure that our business is geared towards your needs.
- We specifically use the information in order to, for example, communicate with you, deliver our product to you (including processing payment, arranging shipping, providing invoices), maintain a client database, make recommendations to you on a personal basis, authenticate website visitors, track growth, compile statistical information about browsing habits and click patterns.
- We also gather and analyse information on our visitors’ routine use of this website. We use this information to monitor which areas of the website are most frequently visited, to assist us to continue developing a value-added service, to screen for potential risk and fraud, to improve our website and assess success of marketing campaigns.
How we collect the personal information
When you visit our website, we automatically collect certain information about you through:
- “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
- “Log files” track actions occurring on the website, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.
- “Web beacons”, “tags”, and “pixels” are electronic files used to record information about how you browse the website.
- Additionally, when you make a purchase or attempt to make a purchase through the website, we collect certain information from you, including your name, billing address, shipping address, payment information, email address, and phone number.
- We also obtain information through registration on the website, at wine shows, at wine tastings or other events.
Mail, email or SMS promotions
If you have agreed, we may use your personal or other information to send you information on new services or products that may be of interest to you and from time to time will mail, email or SMS information to you about us, our products and services, or our partners and their products or services. If you do not wish to continue receiving this information you may contact us and we will remove you from our mailing list.
When we will disclose personal information
- We share your personal information with third parties to help us use your information as described above.
- We may compile, use and share any of the information that is anonymised or does not relate to a specific individual. For example, we may use Google Analytics to help us understand how our customers use the website and you can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy/.
- We may also use your personal information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
- We will also disclose personal information if we are compelled to do so by law or in terms of a court order.
Storing personal information
- We are committed to providing secure services and all personal information is stored in a secure environment. All interactions with our transactional sites are protected through encryption that complies with international standards. The information is protected by firewalls and intrusion detection systems with access being restricted to authorized personnel only.
- We are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the website), or otherwise to pursue our legitimate business interests listed above and therefore your information may be transferred outside of your country of residence.
- When you use our serve or place an order for products, we will maintain your information for our records unless and until you ask us to delete this information.
Disclosure of information
Our legal status is Kaapzicht (Pty) Ltd, a private company incorporated under the laws of South Africa with registration number 1984/010288/07, which operating and registered address is Bottelary road, Koelenhof, Stellenbosch, South Africa.
- We have taken the utmost care to draft these terms in compliance with current legislation including, but not limited to, the Promotion of Access To Information Act 2000, Protection of Personal Information Act 2013 and Electronic Communications And Transactions Act 2002.
- If you believe we are not abiding by current law, or we have failed to adhere to these terms, or if you wish to request access to information, or wish to lodge a complaint for an infringement of your rights, or have a query about your personal information (you have the right to access the information we hold about you, ask that it be updated, corrected, deleted or express a concern about the use of your data) or withdraw your consent, please contact us at any time.
- Upon receipt of the full details, including the activity complained of, and/or the right allegedly infringed, and/or the information requested, as well as your name, contact details and the remedial action sought, we will investigate and take appropriate action where necessary.
- Kindly send these details to the Information Officer: Name, Address, Telephone and E-mail