RUSTENBERG WINES (PTY) LTD
Terms and Conditions

Please read these terms and conditions carefully, as access to Rustenberg Wines’ Online Shop and use of the services and content included in it, signifies that you have read, understood and accept without reservation, these terms and conditions.

By using the online payment facility on this website you warrant that you are authorised to use the credit card for the payment you are making and that you provide Rustenberg Wines and PayGate (Pty) Ltd (“Paygate”) the authorisation to charge your credit card.

If you do not accept these terms please do not use this facility.

Detailed description of services

Rustenberg Wines is a Stellenbosch-based wine farm involved in the harvesting, processing, and sale of fine wine products.

Delivery Policy and Export Restrictions

Orders made through Rustenberg Wines’ Online Shop can only be delivered to an address within the Republic of South Africa. No export orders will be processed.

Once Rustenberg Wines receives payment, the delivery of wine will be undertaken in terms of the payment received.

Returns and Refunds Policy

Rustenberg Wines complies with the Consumer Protection Act and should the client change his/her mind regarding the product(s) acquired, Rustenberg Wines will refund the client, less an amount for any direct expenses already incurred on behalf of the client in respect of the product(s). Such refund shall only be processed if the wine products are still unopened and in good condition.

Rustenberg Wines cannot process a refund back onto a credit card but we are able to refund into a bank account. The client may be liable for credit card administration fees charged to Rustenberg Wines by PayGate and First National Bank in this regard.

Should the wine product be found to be defective or damaged on delivery to the client, Rustenberg Wines will supply the client with a replacement product on request.

Customer privacy policy

Rustenberg Wines shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, “personal information” shall be defined as detailed in the Protection of Personal Information Act 4 of 2013 (POPI). The POPI may be downloaded from www.justice.gov.za.

• Privacy Statement

Rustenberg Wines (Pty) Ltd (“Rustenberg”) is sensitive to privacy issues on the Internet and recognises the importance of safe guarding all information we receive from you. This Privacy Statement applies to data provided by you and collected by Rustenberg through its website as well as both online and offline services. We will use the provided information in the course of our dealings with you to process requests and orders and to provide a more personalised internet and online buying or ordering experience. Rustenberg will ensure that all personal information is treated in accordance with the applicable data privacy legislation’s.

For your information, we have provided this statement explaining our online information practices.

• Collection of your personal information

In general, you are able to visit Rustenberg‘s website without revealing who you are or any information about yourself. However, our web servers will collect information (standard information that your browser sends to every website visited) for statistical purposes, such as the number of visits, the pages viewed, which website you came from before clicking into the Rustenberg website, the key words used to find our site, your IP-address, the browser type and language, access time, etc. Rustenberg uses this information for improving its sites and services.

When visiting certain Rustenberg website pages (such as ordering wine online, requesting information online) we ask you to consent to providing personal information, such as your email address, name, telephone number, etc. This information is required in order for us to process and fulfil your order and otherwise provide you with the information and services you may request from us. This information will therefore be kept by us as long as is necessary for us to use your information as described above or to comply with our legal obligations (including fraud prevention, anti-money laundering and sanction screening).

For security reasons we also keep the IP-address used when the order is registered. Card holder name information is stored by Rustenberg in order to ensure effective handling of any problems regarding charging, cancellations and/or credits. At no time will other credit card information, such as the Primary Account Number, Service Code and Expiration date be stored by Rustenberg. Personal information collected on Rustenberg sites and services may, in compliance with applicable laws and regulations, be stored and processed in any country in which Rustenberg or its subsidiaries maintain facilities.

• Security of your personal information

Rustenberg has a number of security measures in place to protect your personal information. However, when transmitting personal information over the internet, please bear in mind that no transmission over the internet can ever be guaranteed secure. Therefore, please note that Rustenberg cannot guarantee the security of any personal information that you transfer over the internet to us.

• Cookies

We may also use technologies, such as cookies, to collect information about the pages you view, the links you click and other actions you take on our sites and services. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Cookies cannot be used to run programs or deliver viruses to your computer. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if preferred.

• Other sites

Rustenberg‘s website may contain links to other sites. Although we try to link only to sites that share our high standards and respect for privacy, we are not in any way responsible for the content of the privacy practices employed by other sites.

• Changes to this privacy statement

This privacy policy may be changed by us at any time. The revised policy will be posted to this page so that you are always aware of the information we collect, how we use it, and under which circumstances we disclose it. We encourage you to periodically review this statement to know how Rustenberg is protecting your information.

Payment options accepted

Visa, Mastercard and American Express credit cards are accepted. Payment for goods bought through the Online Shop may be made via Visa, Mastercard, or American Express credit cards, or by bank transfer into the Rustenberg Wines bank account, the details of which are included on the Online Shop at the payment point.

If payment is made via bank transfer, the goods will only be shipped once proof of payment is received by or when the funds have cleared in Rustenberg Wines’ account, whichever occurs earlier.

Liability

Rustenberg Wines and its representatives will incur no liability if we are unable to complete the processing of the credit card transaction, because of any one or more of the following circumstances:

• The information provided for payment by the client is declined due to insufficient funds to complete the transaction;
• The information provided for payment is declined due to address verification systems, security code mismatches, over limits, or any other reason as reported by the banking institution;
• Circumstances beyond the control of Rustenberg Wines and/or PayGate, such as fire, flood, internet delays, interruption or malfunction, or interference from an outside source, which prevents the proper execution of the transaction;
• Rustenberg Wines cannot accept liability for a payment not reaching the correct client account due to you providing an incorrect reference number or other incorrect details whether personal or otherwise;
• Rustenberg Wines cannot accept liability for a payment not reaching the correct client account where payment is refused or declined by the card supplier for any reason;
• If the card supplier declines payment, Rustenberg Wines is under no obligation to bring this fact to the client’s attention. It is the client’s responsibility to check with the card supplier that payment has been deducted from the debit or credit account;
• Rustenberg Wines will not be liable for any damages whatsoever arising out of the use, inability to use, or the results of use of this site, any websites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort, delict or any other legal theory and whether or not advised of the possibility of such damages.

Credit card acquiring and security

Online credit card transactions will be acquired for Rustenberg Wines via PayGate who are the approved payment gateway for First National Bank. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Clients may go to www.paygate.co.za to view their security certificate and security policy.

Client details separate from card details

Client details will be stored by Rustenberg Wines separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.

Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is the Republic of South Africa. Transaction Currency is South African Rand (ZAR).

Responsibility

Rustenberg Wines takes responsibility for all aspects relating to the transaction including sale of goods sold on this website, customer service and support, dispute resolution and delivery of goods.

Country of domicile

This website is governed by the laws of the Republic of South Africa and Rustenberg Wines chooses the Republic of South Africa as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

Variation

Rustenberg Wines may, in its sole discretion, change this agreement or any part thereof at any time without notice.

Company information

This website is run by Rustenberg Wines (Pty) Ltd (Registration Number: 1965/005701/07) trading as Rustenberg Wines with its offices based on the Rustenberg Estate in Stellenbosch, South Africa. Rustenberg Wines directors are Simon Barlow and Murray Barlow.

Rustenberg Wines contact details

Questions, comments and requests regarding these terms and conditions are welcomed and should be addressed to Rustenberg Wines at:

Physical Address: Rustenberg Estate, Rustenburg Road, Ida’s Valley, Stellenbosch, 7600
Postal Address: P.O. Box 33, Stellenbosch, 7599
Email:
Office: +27 21 809 1200