TERMS AND CONDITIONS

In this document, you will find the following topics:

  1. Detailed Description of goods and/or services
  2. Copyright
  3. Website content
  4. Website privacy policy statement
  5. Credit card acquiring and security
  6. Customer details separate from card details
  7. Merchant outlet country and transaction currency
  8. Responsibility
  9. Customer Privacy Policy
  10. Payment options accepted
  11. Disclaimer
  12. Hyperlinks
  13. Security
  14. Governing law
  15. Delivery details
  16. Coupon and Voucher Issue Conditions
  17. Membership Fees
  18. Changes to agreement
  19. Competitions

1. DETAILED DESCRIPTION OF GOODS AND/OR SERVICES

Wine-of-the-Month Club is a direct marketer of Wine, Brandy, Whisky, Champagne and sparkling wine, Olive Oil and Olive products and Coffee.

2. COPYRIGHT

All materials posted on this site are subject to copyrights owned by the Wine-of-the-Month Club and other individuals or entities.

All rights not expressly granted are reserved.

The names, trademarks, service marks and logos of the Wine-of-the-Month Club appearing on this site may not be used in any advertising or publicity, or otherwise to indicate The Wine-of-the-Month Club’s sponsorship of or affiliation with any product or service, without the Wine-of-the-Month Club’s prior express written permission.

To obtain permission for the commercial use of any content on this site contact the webmaster at 021 492 4092 or e-mail wineclub@wineofthemonth.co.za

3. WEBSITE CONTENT

While the Wine-of-the-Month Club has attempted to make the information on this website as accurate as possible, the information is provided in good faith without any express or implied warranty. There is no guarantee given as to the accuracy or currency of any individual item on the server.

4. WEBSITE PRIVACY POLICY STATEMENT

This is the website of the Wine-of-the-Month Club, member of the Converge Group of Companies, Converge (Pty) Ltd. (Reg. No. 1998/016403/07)

Our postal address is
Private Bag x2, Glosderry, Cape Town, 7702, South Africa

We can be reached via e-mail at wineclub@wineofthemonth.co.za, or you can reach us by telephone at 021 492 4092.

We collect no information on browsers of our website, unless volunteered (for example the e-mail addresses of those who communicate with us via e-mail or survey information and/or site registrations).

From time to time the information that is volunteered may be used by the Wine-of-the-Month Club for communication or marketing purposes. This information is stored in fully secure databases with restricted access. We do track and analyse data for trends and statistics, but the individual user remains anonymous. We will only ever disclose aggregate information about our user base.
This information may be updated by the user through our login function on the website, or by contacting avios@wineofthemonth.co.za. We do not share our email address data with third parties, although we may conduct joint ventures other reputable organizations. In the latter case the Wine-of-the-Month Club will retain control of the email data.
Users may indicate that they do not wish to receive such communications by contacting us at wineclub@wineofthemonth.co.za. We will be sure your request is honoured.

5. CREDIT CARD ACQUIRING AND SECURITY

Credit card transactions will be acquired for Wine-of-the-Month Club via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa.  PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.  Users may go to www.paygate.co.za to view their security certificate and security policy.

6. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS

Customer details will be stored by Wine-of-the-Month Club 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

7. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

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

8. RESPONSIBILITY

Wine-of-the-Month Club takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods

9. CUSTOMER PRIVACY POLICY

Wine-of-the-Month Club 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 Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569

10. PAYMENT OPTIONS ACCEPTED

Payment may be made via Visa, MasterCard credit cards.

11. DISCLAIMER

Neither Wine-of-the-Month Club 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, Wine-of-the-Month Club makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website 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 to wineclub@wineofthemonth.co.za.

12. HYPERLINKS
 
12.1 No person, business or website may link to any page on this site without the prior written permission of Wine-of-the-Month Club. Such permission could be obtained from wineclub@wineofthemonth.co.za
12.2 In the event of Wine-of-the-Month Club providing hypertext links other websites as a service to its users, this service does not mean that the Wine-of-the-Month Club endorses those sites or material on them in any way. The Wine-of-the-Month Club is not responsible for the use of a hypertext link for which a commercial charge applies. Individual users are responsible for any charges that their use may incur. The privacy practices of those sites linking out of us, is not our responsibility. We'd recommend you check their policy on privacy before disclosing personal information.

13. SECURITY

13.1 This site is secured by a Thawte SSL Certificate.
13.2 Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that Wine-of-the-Month Club suffers any damage or loss.

14. GOVERNING LAW

This site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law and Wine-of-the-Month Club chooses 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.

15. DELIVERY DETAILS

Delivery is door-to-door countrywide (please note: free delivery is only applicable to deliveries in South Africa, when "free delivery" is offered) but otherwise charges vary according to the area you are in

15.1: 12-bottle case:

  • R99 in the Cape Peninsula;
  • R99 in Gauteng;
  • R99 in all other RSA areas;
  • Neighbouring states - Price on asking

15.2: 6-bottle pack:

  • R99 in the Cape Peninsula;
  • R99 in Gauteng;
  • R99 in all other RSA areas;
  • Neighbouring states - Price on asking

15.3: Accessories:

  • Wine Rack = 1 case price. Small accessories are posted, others may be included in the box of Wines, and so only one delivery charge applies.
  • Customers ordering accessories outside of South Africa, from Namibia, Botswana, Lesotho, Zimbabwe or Swaziland, must please order via email at the following address: wineclub@wineofthemonth.co.za

15.4: Insurance:
Your wine or product is insured against breakage and theft, an insurance equal to 1.8% of the value of your purchase will be debited to your card.

15.5: Money Back Guarantee:
We guarantee a full refund on products purchased, no questions asked, and we will also collect the remainder of any pack and refund you in full for the product if you are unhappy with the quality, the service or any aspect of your Wine-of-the-Month Club membership. Should you make a purchase redeeming Rewards of any kind, your  account will be credited according to Wine-of-the-Month Club’s return policy.

15.6: Replacements:
In the unlikely event that there is a broken bottle in your case, please tell us immediately and we will credit your account. We reserve the right to substitute product if stock runs out, to the same or higher value of the stock.

Your introductory free gift may not be redeemed for cash or exchanged for another product. It is also not redeemable with any other offer.

15.7: Please note:
These figures are subject to change.

16. GIFT VOUCHERS & COUPONS

  1. Wine-of-the-Month Club may from time to time make physical or electronic gift vouchers (“Gift Vouchers”) and promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Wine-of-the-Month Club Goods. Gift Vouchers and Coupons can only be redeemed while they are valid and their expiry dates cannot be extended. More specifically:
  2. Gift Vouchers
    1. Gift Vouchers that are purchased by registered users are valid for 3 years after Sale. Gift Vouchers that Wine-of-the-Month Club gives away for free are valid for the period stated thereon. In each case, if your Voucher has not been used within that period, it will expire.
    2. Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased. If your Gift Voucher value is insufficient for the order you wish to place, you may make up the difference by paying via one of our other payment methods.
    3. Wine-of-the-Month Club is not responsible for any harm due to the loss, unauthorised use or unauthorised distribution of a Gift Voucher, after it has delivered the Gift Voucher to you or the email address nominated by you.
  3. Coupons

    1. There are two types of Coupons; a Coupon with a fixed amount of a discount, e.g. R100 off (“Fixed Coupon“), and a Coupon with a percentage discount, e.g. 10% off (“Percentage Coupon“).
    2. Coupons are issued in Wine-of-the-Month Club’s sole discretion and we are entitled at any time to correct, cancel or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
    3. As a general rule, and unless specified otherwise on the specific Coupon itself:
      1. each Coupon can only be used once;
      2. only one Coupon can be used per order;
      3. only one Coupon can be used on the Website per person per promotion/campaign;
      4. a Coupon must be used at check-out – it cannot be used later on existing orders; and
      5. the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
    4. Coupons cannot be used to buy Gift Vouchers or other Coupons, and cannot be exchanged or refunded for cash or credit. Wine-of-the-Month Club is not responsible for any harm due to the loss, unauthorised use or distribution of a Coupon.
    5. If for any reason a Coupon does not reflect on the final amount due from you at check-out, you can contact us here to confirm if the Coupon is still valid.  If Wine-of-the-Month Club confirms that the Coupon is still valid and you have already placed your order, you can choose whether to cancel the order and place it again with the Coupon, or you can use the Coupon on your next order within the limitations of the specific Coupon’s terms and conditions.
You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by Wine-of-the-Month Club, before you are able to use a Coupon


17. MEMBERSHIP FEES
17.1 A Club membership fee may apply and is charged on an annual basis.

18. CHANGES TO AGREEMENT

Wine-of-the-Month Club may, in its sole discretion, change this agreement or any part thereof at any time without notice.

19. COMPETITION RULES
  1. Unless expressly stated otherwise these terms will apply to all competitions offered by Converge (Pty) Ltd T/a Wine-of-the-Month Club. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.
  2. Regrettably, only South African residents are eligible for prizes, and delivery of gifts or prizes will only be within South Africa.
  3. Entry is open to anyone except employees (and their immediate families) of Converge (Pty) Ltd T/a Wine-of-the-Month Club, contributors to the magazine, the sponsoring company/companies and/or agents involved in the competition.
  4. No cash alternative is available to any prize unless expressly stated otherwise.
  5. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
  6. Entrants must also be over 18 years of age. Entrants expressly declare that they are duly authorized to participate in the competition.
  7. Entrants to regular competitions may only win once within a six month period.
  8. The judges’ decision is final and no correspondence will be entered into.
  9. All entrants’ information will be used only in accordance with our Privacy Policy.
  10. By entering any Converge (Pty) Ltd T/a Wine-of-the-Month Club competitions you agree to receive future correspondence from Converge (Pty) Ltd T/a Wine-of-the-Month Club and Good Taste magazine. An option to opt out will be available on receipt of any correspondence.
  11. Entries made via SMS attract a charge – please refer to the promotional material for actual cost per SMS. Free rates do not apply.
  12. We reserve the right to cancel any competition without notice at any time.
  13. Multiple winners may be subject to tie-break to decide an outright winner.
  14. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
  15. Prizes not claimed within 3 months will be forfeited.
  16. New and existing members of the club and subscribers to Good Taste may enter into any subscriber competitions.
  17. If you take out a gift subscription, please note that the donor of the subscription will be eligible for the prize.
  18. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
  19. Winners may be required to be photographed for publicity purposes or to participate in a radio or television broadcast. No fees will be payable in this regard.
  20. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
  21. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
  22. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judge’s discretion, void entries.
  23. If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable.
  24. Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, performed or displayed to the public by us or any company connected with the promotion. This will be in the form of the winner’s name and place of origin. Entrants agree that we are the owner of all right, title and interest in all entries, including the entire copyright, whether now existing or howsoever, arising in the future, including all worldwide rights to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed (‘Exploitation Rights’) to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.
  25. Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
  26. By entering into a competition it is deemed that you have read and understood these rules.
  27. In the case of a competition by means of a draw, the draw will take place within 3 weeks of the closing date of the competition, unless otherwise stipulated.

Converge (Pty) Ltd T/a Wine-of-the-Month Club, our other affiliates, our competition partner/s and their respective shareholders shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition.