Introduction
Terms of Use
You agree to be legally bound by the terms and conditions by accessing the Fabulous Wines website. Should you not wish to be bound by the terms and conditions set by Fabulous Wines, you may not use this website. To ensure that you agree with any amendments to these terms, it is your responsibility to review the terms and conditions regularly. You may not access the Fabulous Wines website, should you not agree with the amendments.
Legal capacity
If you are not of legal capacity to enter into a binding contract with us, you may not access the website and may not accept these terms of use. The sale of wine to minors is Prohibited by law and is legislated in each country. The legal age of persons to which wine may be sold and delivered to is at least 18 years of age in South Africa, European Union and United Kingdom, and in the United States the legal age of persons is at least 21 years of age. You confirm that you are a person of legal age by accessing or ordering from this website. On delivery of goods, the person receiving may be requested to show identification to prove that he or she is of legal age.
General conditions
You may not without express permission from us, duplicate, reproduce, exploit or copy any portion of the service.
Resell of products
By accessing the website you agree not to resell any products whatsoever. Should we suspect that you intend to resell any products, we will immediately cancel the order. We reserve the right to prohibit orders that, in our view appear to be placed by resellers or distributors.
Packaging
Only full cases may be sold, therefore cases may not be opened or sold as half or mixed cases.
Accuracy, completeness and timeliness of information
Any reliance on the material on this site is at your own risk, we are not responsible should information on this not be accurate, complete or current. We reserve the right to modify contents on the site at any time, although we have no obligation to update any information on our site. You agree that it is your responsibility to monitor any changes to our website.
Modifications to services, products and prices
Prices to our products and services are subject to change without notice. We reserve the right to modify or discontinue the service, products or any content without notice at any time. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the service.
Accuracy of billing and account information
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and / or billing address or phone number provided at the time the order was placed. You agree to provide current, accurate and complete purchase and account information for all purchases, and immediately update your account and other information, should changes take place.
Intellectual property rights
All logos, text, graphics, icons, designs, colours, layout, trademarks and content are the intellectual property of Fabulous Wines and as such protected by South African and Intellectual Property Law.
Optional tools
We may provide you with access to third party tools, which we neither monitor nor have any control or input over. You acknowledge and agree that we provide you access to such tools “as is” and ‘as available” without any warrants, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third party tools. You should ensure that you are familiar with and approve of the terms on which relevant third-party providers supply tools.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party policies and practices and make sure you understand them before you engage in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Privacy
Your personal information shall be protected, as we have taken reasonable precautions to safeguard your personal information. If you do not consent to us electronically collecting and storing your personal information, then please do not access or register on our website. Personal information contains the following:
- Your name and surname
- Age and birthday
- Verification that you are of legal age
- Gender
- Address and contact details
- IP address
It is your responsibility to provide accurate personal details and to update or amend your personal information, should any changes occur.
Your personal information shall not be shared, disclosed, or sold to anyone, unless required to do so by law.
At your own risk
The website is provided “as is”, therefore you use the website entirely at your own risk. We do not endorse or represent the accuracy or reliability of any advice, opinion, statement, recommendation or other information contained in, displayed on, linked to or distributed through the website or the content other users may publish to the website. Without notice to you, we reserve the right to correct any errors or omissions on the website at our sole discretion.
We disclaim any warranties of any kind, whether expressed or implied, to the fullest extent of the law permissible.
We shall keep the website available to you at all times, however, we shall not be liable for any loss or damages caused by or arising from the unavailability of, or any interruption during your access to the website for any reason whatsoever. Though we take reasonable precautions, you agree that through your access to the website or inability to access the website, Fabulous Wines will not be liable for any loss or damages.
User comments, feedback, and other submissions
Any comments, feedback, proposals and reviews, whether online, by email or by postal mail, or otherwise ( collectively, “ comments” ), you agree that we may, at any time, without restriction, copy, edit, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation to maintain any comments in confidence, or pay compensation for any comments, respond to any comments.
Products and services
Certain products may have limited quantities. We have made every effort to display as accurately as possible the details, vintages and descriptions of products. We reserve the right to discontinue any product or service at any time.
Occasionally there may be information on our website that contain typographical errors, inaccuracies ar omissions, that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend, or clarify information in the service or any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or any related website.
Indemnity
Any loss, damage, damages, liability, claim or demand due to, or arising out of your use of the website or breach of these terms of use, you hereby agree to indemnify Fabulous Wines.
Editorial control
Fabulous Wines does not accept any liability for defamatory, illegal, or criminal content contained on the content provided by third parties and hyperlinks to other sites. We do not screen or filter the content from these other sites or hyperlinks.
Complaints
Should you feel that your rights have been infringed by unlawful use of the website, please address your complaint to us by emailing info@fabulouswines.co.za
Please supply us with all the necessary information to for us to investigate the complaint in full, and resolve the issue.
Applicable law
The laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use the Website, as Fabulous Wines is website is created, maintained and controlled in South Africa.
Change to the user agreement
This user agreement can be changed at any time without notice, as Fabulous Wines reserves the right to do so.
Information
Fabulous Wines information, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website, as per the ECT Act, is as follows
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- Full name: Fabulous Wines, trading as a sole proprietor, residing in South Africa
- Main business: Online retailer
- Physical address for receipt of legal service : : Unit A6, Pastorale Street, Phisantekraal
- Postal address: PO Box 262, Newlands.7708
- Office bearers: J van Aswegen
- Phone number :
- Email address: info@fabulouswines.co.za
- Western Cape Liquor Board ( – WCP / 040836 ) – Sunbel Building, 3 Voortrekker Rd, Bellville, Cape Town, 7530
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Dealing with Third Parties
We have no control over hyperlinked websites and you agree that we are not liable or responsible for any information, content, goods or services offered on or through any such hyperlinked website or for any damage, damages or any loss caused or alleged to be caused by or in connection with your use or in reliance of or any such information, content, services or goods,.available on or through any such hyperlinked website.
You are solely responsible for identifying and familiarising yourself with any terms of use which will govern your relationship with such 3rd party. We do not necessary associate ourselves with the owners or operators. You agree that where you access hyperlinked websites you do so solely at your own risk.
Prohibited uses
You are prohibited from using this website or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, to violate any international, federal, provincial or state regulations, rules, laws or local ordinances, to infringe upon, or violate our intellectual property rights and others, to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, race, age, national origin, or disability, to summit false or misleading information, to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of service or of any related website, other websites, or the internet, to collect or track the personal information of others, to interfere with or circumvent the security features of the service or any related website . We reserve the right to terminate your use of the Service or any related website for violating any the prohibited uses.
POPI Act
Fabulous Wines agrees to use your information only for the specific use of wine orders as per your request for Fabulous Wines, and Fabulous Wines hereby agrees to destroy your personal information once the orders are complete.
While orders are processed, Fabulous Wines has measures in place to safeguard your personal information.
Fabulous Wines is at all times accountable for your personal information.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall fabulous flowers, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes