Terms & Conditions

By using and/or accessing our platforms, you agree to be bound by our terms.

1 ABOUT OUR TERMS AND CONDITIONS
1.1 These terms and conditions together with our Privacy Policy (the “Terms”) will form a written contract between you and Deux Freres Wines(“Deux Freres”, “we”, “us” and “our”) and will govern our relationship.
1.2 When we refer to “Platforms” in our Terms, we mean all our websites, mobile sites, mobile apps, emails, social media platforms or any other technology or mechanism you may use to interact with us.

2 AVAILABILITY
2.1 While we endeavour to ensure that our Platforms are normally available 24 hours a day, we shall not be liable if, for any reason, our Platforms are unavailable at any time or for any period.
2.2 Access to our Platforms may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
2.3 We reserve the right to modify or discontinue the Platforms or any features, at any time without notice to you.

4 RETURNS
4.1 We do not allow any returns or provide any refunds on wines.

5 COMMUNICATIONS
5.1 You agree that we may use your details for future communications via telephone, email and/or direct messaging. All personal information will be recorded, used and protected by us in accordance with current data protection legislation and our Privacy Policy.
5.2 You may notify us in writing that you do not wish to receive or continue to receive such communications. This can be done by unsubscribing from any marketing received from our Platforms or by notifying us via email at info@dfwines.co.za.

6 THIRD PARTY CONTENT
6.1 Our Platforms may include, from time to time, content and/or advertisements from third parties and/or external links to other websites possessing their own content or any other third party content (“Third Party Content”).
6.2 You acknowledge that the Third Party Content –
6.2.1 is beyond our control and that any reliance on any representation, statement or information contained in Third Party Content is at your risk;
6.2.2 cannot be verified by us, and that we cannot be expected to determine its accuracy or reasonableness; and
6.2.3 may contain representations, statements or information which does not represent the views, opinions or beliefs of us, our associates, directors, employees or affiliates.

7 DISPUTES
7.1 Complaints must be submitted to us and will be dealt with by us in accordance with the provisions of this clause.
7.2 Any payment default by you arising from, or in connection with, any product or service rendered or provided by us, will be excluded from the provisions of this clause, and we will be entitled to proceed to institute legal action against you.
7.3 Without prejudice to your rights in law, you are required, to first approach us with any complaint or dispute and afford us an opportunity to resolve a compliant before you approach any relevant authority, court or other dispute resolution body or refer the matter to Arbitration as contemplated in clause 9.8 below.
7.4 Please direct all complaints to info@dfwines.co.za . Your complaint should include the following:
7.4.1 your name and surname;
7.4.2 your ID number;
7.4.3 the date on which the complaint arose; and
7.4.4 a brief description of what gave rise to the complaint.
7.5 In the event of a billing complaint you should also include the following:
7.5.1 a copy of the bill concerned or the particulars thereof;
7.5.2 the reason for the dispute;
7.5.3 the amount in dispute; and
7.5.4 supporting information or documentation, if any.
7.6 We will formally respond proposing a resolution of your complaint in writing within 14 (fourteen) working days of receipt thereof, or within such longer period as we reasonably require under circumstances where the resolution of the complaint is for example (but without limitation) in the hands of a supplier or third party service provider.
7.7 You may approach any other relevant authority, court or dispute resolution body or refer the matter to Arbitration as set out in clause 9.8 below, for resolution of the dispute, should you not be satisfied with the proposed resolution of the dispute by us.
7.8 Any dispute between us may be referred to arbitration and finally resolved in accordance with the rules of the Arbitration Foundation of Southern Africa (“Arbitration”). Such arbitration shall be held either in Cape and conducted in the English language before one arbitrator appointed in accordance with the said rules. Any award will be final and not subject to appeal. This agreement to arbitrate shall be enforceable in, and judgment upon any award may be entered in any court of any country having appropriate jurisdiction. A dispute shall be deemed to have arisen when either party notifies the other party in writing to that effect.
7.9 The arbitrator shall have the power to give default judgment if any party fails to make submissions on due date and/or fails to appear at the arbitration.
7.10 The provisions set out above shall not prevent either party from approaching any court of competent jurisdiction in South Africa to obtain interim or other relief in cases of urgency.

8 SECURITY AND PRIVACY
8.1 We will be entitled, subject to applicable laws, to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms or data thereon.
8.2 We take reasonable steps to secure your payment information. We use a payment system that is in our reasonable opinion sufficiently secure with reference to accepted technological standards and the type of the transaction concerned.
8.3 We will deal with your personal information in accordance with the provisions of our Privacy Policy.

9 DISCLAIMER AND LIMITED LIABILITY
9.1 You use our Platforms and products at your own risk.
9.2 Our Platforms are supplied on an “as is” basis and have not been compiled or supplied to meet any user’s individual requirements. It is your sole responsibility to satisfy yourself prior to entering into this agreement with us that the products and services available on or through our Platforms will meet your individual requirements.
9.3 Save to the extent otherwise provided for in these Terms or where you are entitled to rely on or receive, by operation of law, any representations, warranties or guarantees, we do not make or provide any express or implied representations, warranties or guarantees regarding the availability, accuracy, reliability, timeliness, quality or security of the Platforms or products.
9.4 Without limiting the generality of the above provisions, we shall not be liable for and you will have no claim of whatsoever nature against us as a result of –
9.4.1 the loss of or access to your User ID which you are required to
safeguard;
9.4.2 any unavailability of, faults or interruption in the Platforms;
9.4.3 any unavailability of products;
9.4.4 any damage, loss, cost or claim which you may suffer or incur arising
from any suspension or termination of the Platforms for any reason whatsoever.

10 AMENDMENTS
We may amend the Terms from time to time. Any new version of the Terms will be published on our Platforms and will become effective from the date that we first published it. It is your obligation to visit our Platforms on a regular basis in order to determine whether any amendments have been made. By continuing to use our Platforms after we published changes to the Terms, you agree to be bound by the changed Terms.

11 GENERAL TERMS
11.1 These Terms are the sole record of the agreement between you and us, with neither party being bound by any express, tacit or implied representation or warranty not recorded in these Terms.
11.2 No agreement shall be concluded or amendment to these Terms effected merely by you sending a data message to our Platforms.
11.3 We may cede, transfer or assign our rights and obligations under the Terms to a third party without your consent.
11.4 You may not cede, transfer or assign your rights or obligations under the Terms to a third party without our written consent.
11.5 The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you irrevocably consenting to the exclusive jurisdiction of the courts of the Republic of South Africa, including the Magistrates Court, in respect of all proceedings arising out of or pursuant to the Terms.
11.6 You agree that we may (but are not obliged to) intercept or monitor all
communications sent or posted by you to our Platforms or our employees. You agree that the consent provided herein by you satisfies any “writing” requirement prescribed in law.

12 MORE ABOUT US
12.1 Deux Freres Wines (registration number: 2018/578917/07) is a company registered in the Republic of South Africa.
12.2 You can contact us in the following ways:
12.2.1 by sending an email at info@dfwines.co.za
12.2.2 by phoning us +27 21 889 9865 or 076 908 3794
12.2.3 or by registered post to: Le Present, R44 Klapmuts Road, Stellenbosch