TERMS AND CONDITIONS

 

Website Terms and Conditions of Use Relating to www.capeofstormsdistillery.com

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Cape of Storms Distilling Co. (“Provider”) website located at the domain name www.capeofstormsdistillery.com (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice.

 

Ownership
Cape of Storms Distilling Co. (Pty) Ltd. with registration number 2018/268660/07 is incorporated in South Africa and trades as ‘Cape of Storms Distilling Company’. For the sake of convenience the name ‘Cape of Storms’ will henceforth be used.

 

Governing law
The law governing these terms and conditions is the law of the Republic of South Africa.

 

ECT compliance
The ECT Act states that when we offer goods or services by way of certain electronic transactions the following must be made available:

 

Alcohol sales
Alcohol is not for sale to persons under the age of 18. For this reason, positive identification may be requested and we may refuse an order at our discretion. By ordering and purchasing products that contain alcohol, you acknowledge that you are of legal drinking age.

 

Electronic communications
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

 

E-commerce and privacy
The website www.capeofstormsdistillery.com sells premium spirits, alcoholic beverages and associated products online. The use of any product or service purchased from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

 

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact telephone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.

 

The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

 

The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.

 

Content ownership
All the content on the Cape of Storms website www.capeofstormsdistillery.com is owned by us. We claim all property rights, including intellectual property rights, for this content on behalf of ourselves. The User is not allowed to infringe upon those rights.

 

The User agrees not to copy content from our website without our written permission. Any requests to use our content should be made in writing via our contact page.

 

If the User believes that their intellectual property rights have been infringed upon by our website content, please notify us in writing via our contact page.

 

Pricing and product information
Every effort is made to ensure the accuracy of pricing and product information. Instances may arise in which a product(s) is priced incorrectly on the website or where the product information supplied is inaccurate.

 

In such instances Cape of Storms will either refund the customer the price paid or charge the difference in price to the customer should the customer still wish to purchase the product(s).

 

Delivery

All prices quoted on the Cape of Storms website exclude delivery, insurance, duties and taxes where applicable.


Fastway Couriers are our selected courier service provider. There is limited 3rd party outsourcing on selected routes.

 

Delivery will occur between 8am and 5pm, Monday to Friday. The customer will be given a delivery note, please check that all the items have been received before signing the delivery note. If nobody is available to take delivery then Fastway will return the parcel back to their depot.

 

If all items are not delivered please write accordingly on the delivery note and inform the Fastway driver. The Fastway driver will then be able to take appropriate action.

 

The product is made of glass and therefore breakages can happen. If breakages are visible on an order please do not take delivery of that order. Please point out the breakage to the Fastway representative and ask the representative to return the order to the Fastway Manager.

 

Our liability for any delay in delivery is limited to re-delivery at a later agreed upon time.

 

Cape of Storms accepts online orders for delivery within the Republic of South Africa only. Please contact us to request international delivery prices.

 

Cancellations
If the delivery has been shipped before the customer cancels an order, the delivery charge will be retained.

 

Refunds
Refunds are limited to the price paid.

 

VAT
Cape of Storms is currently awaiting a VAT number.

 

Warranty/guarantee
All products sold by Cape of Storms are sold without warranty or guarantee.

 

Stock availability
Stock of all goods on offer is limited. Cape of Storms shall take all reasonable efforts to discontinue any listings or offers as soon as stock is no longer available. However, should items still be offered after stocks are sold, Cape of Storms shall only be liable to refund monies where it is unable to fulfill orders at advertised/listed prices. Where goods are advertised/listed as having an estimated delivery time, or are on pre-order, Cape of Storms is not responsible for delays on these estimates. These estimates are merely guidelines and may shift with stock availability or delays in international shipping.

 

Online payment – Payfast Payment Gateway
All online credit card payments are processed by the Payfast Payment Gateway. Card holders may go to www.payfast.co.za to view Payfast’s security policies.

 

Payments and refunds
Credit card payments
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. As a protection against fraud, Cape of Storms reserves the right to request ID documents, or other documentation to verify a purchaser’s identity. Cape of Storms reserves the right to refuse to ship orders to customers refusing to make such information available or whose information is suspicious.
EFT/Bank deposit payments
We do not accept online orders via EFT or Bank deposit. If you wish to pay by EFT/Bank deposit please contact us.
If a buyer elects to pay via bank transfer the following conditions will apply:

  1. The exact amount must be paid;

  2. The payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;

  3. Goods will not be shipped until payment has cleared in the Cape of Storms bank account;

  4. Stock will not be held for orders paying by EFT/bank deposit that have not cleared in full.

 

Credit card refunds
We are able to reverse credit card transactions on our payment gateway system. The refund will only reflect on the credit card used and no other method is allowed.
Cheques
Note: Cape of Storms does not accept cheque payments.
Cape of Storms will only issue refunds as per the method of payment originally utilized by the customer.

 

Disclaimer
We reserve the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

 

Notwithstanding provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Cape of Storms nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
Furthermore, Cape of Storms makes no representations or warranties, implied or otherwise, that, among others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.

 

Users are encouraged to report any possible malfunctions and errors. This website is supplied on an “as is” basis and has not been compiled or supplied to meet the User’s individual requirements. It is the sole responsibility of the User to satisfy themselves prior to entering into this agreement with Cape of Storms that the service available from and through this website will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.

 

Address
Cape of Storms current physical address is:
Cape of Storms Distilling Company (Pty) Ltd
The Spice Yard, Unit RS01
100 Voortrekker Road, Salt River, Cape Town
Western Cape
7925

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