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    Terms and Conditions

    CELLAR2CELLAR®

    Terms and Conditions

    By accessing and/or using the CELLAR2CELLAR® website, and/or app, and/or related services you agree to all these terms and conditions.

     

    What we do

    1. CELLAR2CELLAR® is a trading platform selling products and services.
    2. The CELLAR2CELLAR® website, app, and related services sells wine, glasses, art pieces, experiences, music, gifts, food and other products and services by exposing our customers to the story behind the carefully selected items.

     

    What we do not do

    1. CELLAR2CELLAR® is not involved in the manufacturing, assembly, or development of any of the products provided on the platform.
    2. CELLAR2CELLAR® must not be considered to be a wine, food or music producer.
    3. CELLAR2CELLAR® is not a courier service for packages.

    Contact us

    For all enquiries on the T & C’s please contact:
    Anton du Toit

    Cell: 082882226
    anton@CELLAR2CELLAR.co.za

    109A Main Road

    Paarl
    Western Cape

    7646

    Your privacy

    1. While using the CELLAR2CELLAR® website, app, and related services, information about you may be either collected by us or provided by you.
      1. Such information will become the property of CELLAR2CELLAR®.
      2. CELLAR2CELLAR® may use such information described to provide you with information regarding our products, services, or events from time to time.
      3. You may request that CELLAR2CELLAR® cease sending you such information.
    2. CELLAR2CELLAR® may, at its discretion and from time to time, disclose your personal and contact information gathered through the site to selected partners for the purposes of marketing related products and services to you, fulfilling your orders and providing you access to exclusive services, consent for which is given by you utilising the site.
      1. Should you want CELLAR2CELLAR® to cease disclosing your personal and contact information to our selected partners you must clearly notify us of this.
      2. For this purpose, personal information excludes:
        1. Physical address,
        2. Sale price, and
        3. Date of purchase.
      3. You may at any time instruct us to remove your personal and contact information from our database.
      4. We will comply with your request.
      5. In such a case you will lose the functionality of the CELLAR2CELLAR® services and products as these require your information in order to be of use to you.
      6. CELLAR2CELLAR® does not collect, store or process any banking details. All payments are handled through a commercial payment gateway.
    3. CELLAR2CELLAR® will not disclose your personal information to anyone except as provided for in this document.
      1. We may however need to disclose your personal information to CELLAR2CELLAR® managers, employees or agents who require such information to carry out their duties.
      2. There may also be situations where the law requires us to disclose your personal information.
      3. CELLAR2CELLAR® cooperates fully with all South African law enforcement agencies.
    4. CELLAR2CELLAR® is not responsible for and gives no warranties nor makes any representations in respect of the privacy policies or practices of linked websites and apps, advertisers, or any third party.
    5. You may not disclose or distribute another user’s personal and contact information, irrespective of how you obtained it, to a third party,
      1. nor may you use another user’s personal and contact information for marketing purposes.
      2. CELLAR2CELLAR® will however not be liable in the event of this happening.

    Information published

    1. Although reasonable steps are obviously taken by us, CELLAR2CELLAR® can not be held responsible for the accuracy of the information, displayed on the CELLAR2CELLAR® website, app, or related services.
    2. This information could include, but is not necessarily limited to: Advertisements, Products, Services and Descriptions.
    3. Although reasonable steps are obviously taken by us, CELLAR2CELLAR® can also not be held responsible if the information, displayed on the CELLAR2CELLAR® website, app, or related services is obscene, disturbing, or offensive.
      1. Should such an event occur we expect of you to notify us first, before notifying others.

     

    Purchases

    1. You may use the website and or app only for personal use. Any products or services purchased on the website or app may only for personal use, and not for resale or for any other commercial purpose whatsoever.
    2. When ordering on the website or app, you certify that you accept the Terms and Conditions.
    3. We reserve the right to refuse to fulfil orders for any reason, without explanation.
    4. Your placement of an order via the Website to purchase any Products indicates your agreement to comply with and be bound by these General Terms and Conditions, and they will form a binding contract between: You (“the Customer”) and CELLAR2CELLAR®.
    5. Al wine and alcohol related products will be sold through Rich Rewards Trading 43 Pty Ltd trading as CELLAR2CELLAR®, 8 Diepe Street, Paarl, 7646 with the relevant liquor licence being RG 00095
    6. While CELLAR2CELLAR® sells various products and services on the website and due care is taken in terms of the quality of the products and services, none of the products or services are manufactured or produced by CELLAR2CELLAR®, and CELLAR2CELLAR® accordingly gives no warranties and makes no representations about or in relation to any of the products and services.
    7. CELLAR2CELLAR® does not guarantee availability of any products or services as these may from time to time be out-of-stock, or they may have been discontinued.
    8. CELLAR2CELLAR® reserves the right to refuse sales at its own discretion as alcoholic products are not sold to persons under the age of 18 years.
    9. You may use the website and or app only for personal use if you are 18 or older. Persons under 18 will not be allowed to register or purchase on the website.

     

    Payments

    1. Prices and charges may change without notice from time to time.
    2. Orders are only deemed to be placed once full payments has been made.
    3. All payments is done entirely at your own risk, and CELLAR2CELLAR® shall not be liable to you or to any third party for any loss or damage arising out of the use of any such payment method, including as a result of fraud.
    4. You will be refunded in cases where the product or service you paid for is out of stock, OR we will provide you the choice of ordering alternative products or services to the same value, or having the amounts concerned credited to your account on the website.
    5. You can request a tax invoice, and one shall be generated and sent to you, only if so requested.

     

    Shipping

    1. Subject to availability and receipt of payment, delivery will be made to the address specified by you.
    2. Estimated delivery time for orders to be delivered within the Republic of South Africa will range between 2 – 7 working days (being days other than a Saturday, a Sunday or officially recognised South African public holidays).
    3. CELLAR2CELLAR® shall not be liable for any failure to comply with estimated delivery times.
    4. The shipment of the order is undertaken by a third party contractor appointed by CELLAR2CELLAR®, and the sole liability of CELLAR2CELLAR® in case of loss or damage suffered by you or any other person arising out of the packaging, transport or delivery shall be the replacement, at no cost to you, of the products lost or damaged during transit, provided that no party shall be exempt from liability where such loss or damage arises solely and directly out of such party’s gross negligence or wilful default.

     

    Returns

    1. Returns shall be sent to 109A Main Road, Paarl, Western Cape, 7646 in its original packaging within 2 weeks of receipt of the products
    2. Refunds will be processed within approximately five (5) working days of CELLAR2CELLAR® receiving a valid request for a refund. Each refund will be credited to the same account or payment method used to make the original purchase on the website or app.

    Links

    1. Insofar as the CELLAR2CELLAR® website, app, and services contains links to any other internet websites or apps, you acknowledge and agree that CELLAR2CELLAR® does not have any control over any such website or app, and therefore;
      • CELLAR2CELLAR® shall not be liable in any way for the contents of any such linked website or app,
      • CELLAR2CELLAR® shall not be liable for any costs, expenses, losses or damages of any nature whatsoever arising from your access and/or use of any such website or app.

    Technical integrity

    1. CELLAR2CELLAR® has taken reasonable measures to ensure the technical integrity of its website, apps and services, and continues to do so, but;
    2. No guarantee is given nor implied that the website, apps, and services will always operate error-free.
    3. No guarantee is given nor implied that any data, files, downloads or applications available via the website, app and services will be free of viruses, trojans, bombs, time-locks or any other data, code, malware, or harmful mechanisms which have the ability to corrupt or affect the operation of your system.
    4. CELLAR2CELLAR® is not in a position to guarantee that your, or any other person’s, network service provider(s) ensure consistent connectivity.

     

    Copyright

    1. The website and all its contents, including without limitation works, images, pictures, music, videos, logos, menus, web pages, graphics, colours, tools, fonts, designs, diagrams, layouts, methods, processes, functions and software (collectively, the “Content”), is the property of CELLAR2CELLAR® or its content suppliers and is protected by national and international copyright and other intellectual property laws.
    2. You may not reproduce, publish, distribute, display, modify, create derivative work from, or exploit in any way, in whole or in part, the Content without the prior express written consent of CELLAR2CELLAR® or its content suppliers, as the case may be.

    Money

    1. If any amount is still owed by the user to CELLAR2CELLAR® upon cancellation by either party, the user will still be liable to pay such outstanding amount.
    2. CELLAR2CELLAR® can adjust its prices without having to notify nor consult anyone.

     

    Intellectual Property Rights

    1. All content, intellectual property, and data on the CELLAR2CELLAR® website, app, and services including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs, is the property of CELLAR2CELLAR® Pty Ltd, Enterprise registration number 2020/233590/07.
    2. Users of the CELLAR2CELLAR® website, app and services are not granted a license to the content, intellectual property, and data of CELLAR2CELLAR®.

     

    Security

    1. Users are prohibited from violating or attempting to violate the security of the CELLAR2CELLAR® website, app, or services by way of any of the following, but without limitation:
      1. accessing data not intended for such user or logging into a server or account which the user is not authorised to access;
      2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
      3. interfering or attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “spamming”, “mail bombing” or “crashing”;
      4. sending unsolicited communication by email, or other methods including promotions and/or advertising of products or services;
      5. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting;
      6. deleting or revising any material posted by any other person or entity;
      7. using any device, software or routine to interfere or attempt to interfere with the proper working of the website and or app, or any activity being conducted on the website or the app.
      8. taking any action that imposes an unreasonable or disproportionately large load on our infrastructure;
      9. facilitating any viruses, trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
      10. Using an anonymizing proxy; and/or use any robot, spider, other automatic device, or any manual process to monitor or copy our website or our app.
      11. Using any device, software or routine to bypass our robot exclusion headers, or interfere or attempt to interfere with the
        1. CELLAR2CELLAR® Website and/or the app, and/or any of the
        2. CELLAR2CELLAR® Services.
    2. Violations of system or network security may result in civil or criminal liability. CELLAR2CELLAR® will investigate occurrences, which may involve such violations and may involve, and cooperate with, industry organisations and law enforcement agencies in prosecuting users who are involved in such violations.

     

    South African law

    1. The laws of the Republic of South Africa will apply.
    2. CELLAR2CELLAR® will have the discretion of deciding whether to take action in the High Court, the Magistrates Court, or any other forum.

    The end.

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