1.         INTRODUCTION

1.1                    This website can be accessed at www.botanicawines.com (the Website). The Website is owned and managed by VC Povall (Passport number: 562001969), a citizen of the United States of America, trading as Botanica Wines (Botanica Wines).

1.2                    These terms and conditions (the Terms) are binding on any person who accesses or uses the Website and/or purchases products at the Botanica Wines online store (the User). By entering the Website and/or ordering products through the Website, the User agrees to be bound by and shall be deemed to have accepted these Terms, which the User acknowledges to have read and understood.  If the User does not agree to any of the Terms, the User should not enter, view or conduct any transaction on the Website.

1.3                    The Website enables a User to shop online for a range of wines from the Botanica Wine farm and have them delivered door-to-door within the Republic of South Africa.

2.         PLACING AN ORDER

2.1                    Alcoholic products are not for sale to persons under the age of 18 years. Only persons aged 18 years and over, who are legally entitled to do so, are permitted to place orders on the Website. By agreeing to these Terms, the User declares that they are above the age of 18 years and therefore at the legal age to purchase alcohol within the Republic of South Africa.

2.2                    Botanica Wines will not deliver goods to addresses outside South Africa.

2.3                    By placing an order, the User represents and warrants that:

2.3.1                             the User is legally capable of entering into binding contracts;

2.3.2                             the User is at least 18 years of age; and

2.3.3                             the User agrees to be bound by these Terms.

By doing so, the User accepts that Botanica Wines will rely on the User’s representation that the User has unfettered legal capacity to contract and that the User is over 18 years of age.

2.4                    In order to reduce breakage, the minimum order on the Website is 6 bottles of wine.

2.5                    Before proceeding to finalise an order, the User will be given an opportunity to review and, if required, correct the contents of the User’s order as well as any information or addresses provided.

2.6                    The products and prices displayed on the Website are only valid while stocks last and subject to availability. The User acknowledges that stock of all products of the Website is limited. Botanica Wines will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are removed from the Website.

2.7                    Botanica Wines will in no way be held liable to provide a product at an expired price or where the product concerned is no longer in stock or available. If the User orders a product on the Website and that product is no longer available after payment, Botanica Wines will notify the User and the User will be entitled to a refund of any amount already paid for such products.

2.8                    The images of the products on the Website are for illustrative purposes only. The products described or graphically represented on the Website may differ in colour, shape, form, design and appearance from the final product delivered.

3.         PRE-ORDERS

3.1                    From time to time, newly launched products may be available for pre-order prior to their general availability on the Website.

3.2                    Pre-orders can only be secured by making payment of the partial or full purchase price, as may be set out on the Website in relation to the specific product.

3.3                    Botanica Wines will endeavour to ensure that pre-orders are fulfilled as soon as stock is available. However, on occasion there may be delays due to supply constraints. By placing a pre-order on the Website, the User agrees that there may delays in delivery.

3.4                    The User may cancel their pre-order prior to collection or dispatch for delivery and Botanica Wines will refund the amount paid by the User to secure the product.

4.         COLLECTION

4.1                    Upon ordering products on the Website, the User will have the option to collect their order from the farm or to have their order delivered to an address nominated by the User.

4.2                    If the User elects to collect the products from the Botanica Wines farm, the User must do so within 7 days of the transaction.

4.3                    After successfully completing the transaction on the Website, the User will receive a confirmation email advising of the status of the transaction. The User will further receive another email with collection instructions.

4.4                    Botanica Wines will advise the User when their order is ready for collection by way of a collection notice email. Users are advised not to attempt to collect their products from the farm prior to receiving communication from Botanica Wines that their order is ready for collection.

4.5                    Upon presentation of a valid form of identification (identity document, passport or driver’s licence), the User will be provided with their order at the farm.

4.6                    The Botanica Wines farm is located at Protea Heights Farm, Devon Valley Road, Stellenbosch, 7600. All collections must be made from this address.

5.         DELIVERY

5.1                    Orders will only be shipped once Botanica Wines has received payment of the full purchase price for the goods and all charges and costs relating to the products.

5.2                    Botanica Wines offers free delivery on orders that exceed the minimum purchase price limit published on the Website from time to time. In respect of orders that are less than such limit, Botanica Wines shall charge a non-refundable delivery fee. The delivery fee is dependent on the User’s delivery address and will be displayed during checkout.

5.3                    Every reasonable effort is taken to ensure that the delivery costs displayed on the Website are correct at the time of purchase. However, if a delivery fee is incorrectly displayed, Botanica Wines will not be obliged to deliver products at an incorrect delivery fee. Botanica Wines shall only be liable to return payment already made by the User in the case they choose to cancel the sale once they have been made aware of the correct delivery fee.

5.4                    Botanica Wines will not deliver any products to postal addresses (such as Post Office box addresses). The address nominated by the User for delivery is required to be a physical address.

5.5                    Unless otherwise agreed or stipulated in the User’s order or on the Website, the User’s order will be delivered by the courier company specified by Botanica Wines, to the address provided by the User during the order process.

5.6                    In order to receive delivery of an order, the User must ensure that someone will be available at the delivery address between 8:00 and 17:00 on Business Days. (A Business Day is any day other than a Saturday, Sunday or official public holiday in the Republic of South Africa.) For this reason, we recommend using a business address for delivery. If no one is available at the nominated delivery address to accept delivery of an order, the courier will retain the products and inform the User of the attempted delivery. The courier service will subsequently arrange a suitable date and time for delivery. The User will be responsible for any additional fees that may be charged by the courier if no one was available to receive delivery of the order at the address specified by the User, or if the courier returns the products to Botanica Wines as a result thereof.

5.7                    The User acknowledges that Botanica Wines shall rely on the accuracy of the delivery address as provided by the User. Botanica Wines does not verify the accuracy of any particulars of a delivery address provided by the User. The User shall check the accuracy of the delivery address every time when placing an order. Botanica Wines shall not be liable for any costs, loss, damages or claims incurred by the User relating to an inaccurate or incorrect delivery address provided by the User.

5.8                    The User will be required to provide a valid form of identification when their order is delivered.  By law packages containing wine may only be delivered to an adult (at least 18 years of age). Shipments will not be delivered if the recipient is not 18 years of age or does not have an acceptable form of identification such as an identity document, driver’s license, passport or birth certificate.

5.9                    Botanica Wines will make an effort to ensure that delivery takes place within the time period specified on the Website in relation to the User’s order. However, the size and quantity of an order as well as the distance between Botanica Wines and the delivery address provided, amongst other circumstances, may require a longer period for delivery.  The User will be notified from time to time of any anticipated delays with delivery and, in such circumstances, the updated delivery time will substitute and take preference over the delivery time stipulated in the confirmatory email or reflected on Botanica Wines’ invoice.

5.10                 Ownership of products ordered will pass to the User upon Botanica Wines receiving full payment for such products. Risk in respect of ordered products will pass to the User once they have been collected from Botanica Wines’ premises by the relevant courier. However, orders are covered by the courier’s insurance, subject to the terms and conditions of such insurance. If products are lost or damaged in transit, Botanica Wines will not be liable for such loss or damage. Despite this, Botanica Wines may, in its sole discretion, choose to refund or replace lost or damaged products. However, such refund or replacement will not cause Botanica Wines to be liable for the loss or damage or create any obligations for Botanica Wines in relation to the damage or loss.

6.         CANCELLATION AND RETURNS

6.1                    The User may cancel an order at any time, provided that they do so before the order is dispatched for delivery by Botanica Wines.  After delivery or collection of the products from the Botanica Wines farm by the User, such products may only be returned in accordance with the provisions of this clause 6.

6.2                    Botanica Wines prides itself on the quality of the wines they produce, and they want their customers to be completely satisfied with their purchase. If, for any reason, the User is not satisfied with their order, the User should send an email to info@botanicawines.com with the order details.

6.3                    The User is responsible for inspecting ordered products upon delivery or collection. If, upon delivery, it appears that a product has been opened and/or is clearly damaged, the User must bring this to the attention of Botanica Wines by sending an email to info@botanicawines.com with the order details. Upon inspection and subject to Botanica Wines’ sole discretion, Botanica Wines may replace the product should the User request same.

6.4                    The User is entitled to return an order within 7 days after receiving delivery thereof, provided that the product is in its original condition, unopened and any and all labels remain intact.

6.5                    If a product is returned in terms with these Terms, Botanica Wines will, following receipt and examination of such product, reimburse the User with the purchase price paid by the User for the product, excluding any applicable delivery costs and/or charges. The User will be responsible for the costs of returning the products to Botanica Wines. The risk of loss of or damage to the products will remain with the User until they products have been received by Botanica Wines.

6.6                    Where the User has paid by credit card, the refund will be processed to the credit card used for the purchase. In any other case, Botanica Wines refund you by electronic funds transfer.

6.7                    The User should expect to receive their refund within 30 days of giving the package to the return shipper. However, in many cases the User may receive a refund more quickly.  This time period includes the transit time for Botanica Wines to receive the return from the shipper (5 to 10 Business Days), the time it takes Botanica Wines to process your return once received (3 to 5 Business Days) and the time it takes the User’s bank to process our refund request (5 to 10 Business Days).

6.8                    No provision stated in these Terms regarding Botanica Wines’ cancellation and returns policy will affect or be interpreted to deny the User any of the User’s unalterable statutory rights, to the extent applicable. If and to the extent that the Consumer Protection Act, 2008 (CPA) applies, Users shall be entitled to return products that have material defects in accordance with the CPA’s provisions.

7.         PRICES

7.1                    The price of any product will be the price quoted on the Website in respect of any particular product. Botanica Wines reserves the right to adjust the prices of products and to correct any pricing errors that may inadvertently occur at any time and without giving the User any advance notice.

7.2                    All prices shall only apply during the validity period stated on the Website and shall only be valid once the order has been processed and confirmed by Botanica Wines in accordance with the provisions of clause 2. If the price for a product no longer appears on the Website, such product shall no longer be available for purchase at that price.

7.3                    All prices quoted on the Website are listed in South African Rands (ZAR) and will be inclusive of value added tax imposed in terms of the Value Added Tax Act, 1991 (VAT) and any other applicable taxes, but will exclude delivery charges.

7.4                    Delivery charges, fees and other related costs will be quoted and added to the total amount owing during the order process and the User will be given an opportunity to review and, if necessary, edit the products to be purchased, the listed quantities of such products before proceeding to finalise the order.

7.5                    Under no circumstances will Botanica Wines be held liable to provide a product which is out of stock or at an outdated or expired price. All errors and omissions are excepted.

7.6                    Prices displayed for products on the Website only apply to products sold through the Website. Prices displayed on the Website do not necessarily apply to products sold at the Botanica Wines farm store.

7.7                    Although every effort will be made to ensure that products are correctly priced on the Website, in the unlikely event that a product is incorrectly priced, the following provisions will apply:

7.7.1                             Where the incorrect price is lower than the correct price, Botanica Wines will not be bound to sell the product concerned at such a price and a representative of Botanica Wines will contact the User when the order is being processed in order to inform such User of the higher price to be paid for such product and will await instructions from the User as to whether the User still wishes to purchase the product concerned at the higher price or to cancel the order and receive a full refund.

7.7.2                             If the incorrect price is higher than the correct price, a representative from Botanica Wines will advise the User of the lower price but will proceed to process and confirm such order. The User will receive a refund for the balance of the amount already paid for the product.

8.         PAYMENT

8.1                    The User can make payment for products using the payment methods that are available on the Website from time to time. The User must use a single payment method in order to pay for an order and multiple payment methods cannot be used (for example, a User may not pay by credit card and electronic funds transfer for an order). Botanica Wines will not accept any payment by cheque.

8.2                    Where payment is made by credit card, Botanica Wines may require additional information in order to authorise and/or verify the validity of payment. In such cases Botanica Wines is entitled to withhold delivery until such time as the additional information is received and authorisation is obtained for the amounts. If they do not receive such authorisation, the order for the products will be cancelled. The User warrants that they are fully authorised to use the credit card supplied for purposes of paying the products and that the credit card has sufficient available funds to cover all the costs incurred as a result of the transaction on the Website.

8.3                    When making payment, the User undertakes to pay the final purchase price (including VAT and any and all courier costs and other charges reflected).

8.4                    Notwithstanding any other clause contained in these Terms, Botanica Wines shall have no duty to deliver any product until the User’s payment has been cleared by the relevant bank and has become available in Botanica Wines’ bank account.

8.5                    The User’s order will be cancelled immediately where payment is not processed by the relevant bank and credited to Botanica Wines’ bank account.

9.         ONLINE PAYMENTS

9.1                    Botanica Wines takes extensive steps to ensure that all transactions are secure. All transactions made through the Website are encrypted. The User acknowledges that transactions that are performed over the internet may be vulnerable to interception. Botanica Wines will not be liable for any loss that the User may suffer as a result of any interception.

9.2                    Online payments are processed by third party payment service providers. Botanica Wines has no involvement in or control over the payment service provided by them. To the fullest extent permitted by law, Botanica Wines shall not be liable to the User for any damage or loss suffered or incurred by the User relating to the actions or omissions of such service providers or through the use of their payment services.

9.3                    By making online payments relating to the Website, Users consent to the use and retention of their card details.

9.4                    Botanica Wines is the merchant of record and responsible for the contents of these Terms and the processing and fulfilment of orders, customer service, resolution of disputes.

10.      PROMOTIONAL VOUCHERS

10.1                 Promotional vouchers or codes may be issued electronically in Botanica Wines’ sole discretion.  Users do not have a right to promotional vouchers, and promotional vouchers cannot be earned. Promotional vouchers are issued under specific terms and conditions regulating when and how they may be used. Promotional vouchers are issued for limited validity time periods. Promotional vouchers can be used to secure a discount on the Website, provided that the promotional voucher is valid and has not expired.

10.2                 Some promotional vouchers may be subject to a minimum spend requirement or other conditions, as communicated in the information accompanying the promotional voucher.

10.3                 To utilise a promotional voucher and claim the applicable discount in respect thereof, a User must insert the relevant discount code into the promotional voucher code box provided at check out.

10.4                 Returns will be refunded at the actual rand value paid per item after the respective promotional voucher discount is applied. The value of the promotional voucher will be set off against the value of the shopping cart and the balance remaining, if any, will be payable to the User.

10.5                 A replacement promotional voucher code will only be provided to a User once and on request by a User.

10.6                 Promotional voucher codes are not valid on any discounted items and promotional voucher codes may not be used in conjunction with any other offers on the Website.

10.7                 Promotional vouchers cannot be exchanged for cash and the full value must be utilised by a User.

11.      PRODUCT WARRANTIES AND LIABILITY

11.1                 Botanica Wines makes no warranties or representations in respect of products sold to Users, unless the CPA applies. If the CPA does apply, the warranties are limited to those set out in the CPA and are subject to the CPA’s provisions.

11.2                 To the fullest extent permitted by law, Botanica Wines shall not be liable for any damages, injury, loss, cost or expense suffered or incurred by Users as a result of products sold by Botanica Wines.

11.3                 To the extent permitted by law, the User indemnifies and holds Botanica Wines, its officers, employees, agents and contractors harmless against all claims, liability, injury, losses, costs, expenses and penalties arising from or related to the products sold by Botanica Wines or the use of such products.

12.      LIABILITIES REGARDING USE OF THE WEBSITE

12.1                 The User makes use of this Website at their own risk.

12.2                 The Website and all information, content, materials and services included or otherwise made available to the User therein are provided on an “as is” and an “as available” basis.  Botanica Wines makes no warranties or representations of any kind, express or implied, as to the operation of this Website or the available information, content, materials or services included on or otherwise made available to the User.

12.3                 To the extent permitted by law, the liability of Botanica Wines for losses suffered as a result of any breach of these Terms shall be strictly limited to the purchase price of the product or products purchased by any User.

12.4                 Notwithstanding anything to the contrary contained in these Terms, Botanica Wines shall not have any liability for any loss, damage, cost, claim or penalty of whatsoever nature including, but not limited to, indirect and consequential loss or damage and loss of profits, however arising out of or in connection with these Terms or the Website, whether caused by latent or patent defects in the Website, the use of the Website and/or information contained on the Website or otherwise.

12.5                 The User assumes all responsibility and risk for the use of the Website. The User hereby indemnifies Botanica Wines and holds it harmless against any and all liability, loss, damage, penalty, cost or claim of any nature whatsoever suffered by them or any third party in relation to any act or omission by the User or, where applicable, the User’s shareholders, members, directors, officers, employees, representatives, agents or assigns or any third party in relation to the Website and the use thereof by the User, and/or arising from the provisions of these Terms.

12.6                 Botanica Wines will not be held liable for any delay, failure, breach or non-compliance with its obligations under these Terms if such delay, failure, breach or non-compliance is beyond the reasonable control of Botanica Wines.

12.7                 These Terms do not intend to, nor shall they be interpreted to, limit the liability of Botanica Wines in any way which would be illegal for Botanica Wines to exclude or attempt to exclude or where such exclusion is prohibited by the CPA or the Electronic Communications and Transactions Act, 2002, or any other law in force from time to time in the Republic of South Africa.

13.      WEBSITE USE

13.1                 The User may not use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Website’s contents or the proper functioning of the Website without the prior written consent of Botanica Wines.

13.2                 Botanica Wines reserves the right to make any changes to the Website, its content and/or products offered through the Website at any time and without prior notice.

13.3                 The Website may contain links to other websites. Botanica Wines has no control over such websites, does not review their content and will not be liable for their content or accuracy.  The User accesses such websites at the User’s own risk and discretion.

13.4                 The User may link to this Website, provided that the User will not replicate any particular page, including the homepage.  When linking to this Website, the User confirms and agrees that it will comply and ensure compliance with the requirements of this clause 13.

13.5                 No content that is illegal, unlawful, obscene, defamatory, discriminatory, disparaging of others, derogatory, inflammatory, harassing, insulting, offensive or likely to promote violence or hatred against others or that contains abusive, offensive or profane language may be associated in linking to the Website.

13.6                 Although every effort will be made to have this Website available at all times, the Website may become unavailable for reasons including (without limitation) maintenance or repairs, loss of connectivity or some other form of interruption.  Botanica Wines does not warrant against nor will it be held liable for such downtime and the User indemnifies Botanica Wines against any loss, damage, claims, costs or penalties incurred as a result of such unavailability.

13.7                 If the User chooses or is provided with identification codes, usernames, passwords or any similar form of identification information as part of the Website’s security systems, the User must keep this information secret and confidential and must not permit anyone else to use it.  The User shall be responsible for all access to the Website with the User’s username and password.  When the User’s username and password have been used in order to gain access to the Website, Botanica Wines shall be entitled to assume that such use and all related communications emanate from the User.  Botanica Wines shall not be liable for any loss or damage arising from unauthorised use of the User’s identification information.

13.8                 In the event that the User becomes aware of a breach of the confidentiality of the User’s username and password, the User must immediately communicate this to Botanica Wines with subsequent confirmation in writing.  The compromised username and password will be deactivated as soon as reasonably possible and a new username and password will be issued to the User.  Botanica Wines may, in its sole and absolute discretion and for any reason whatsoever, require the User to change his username and password at any time.

13.9                 If the User commits any breach of these Terms or in any other way interacts with or uses the Website in an unlawful or unauthorised manner, Botanica Wines shall be entitled, in its sole and absolute discretion, to terminate the User’s access to the Website immediately, without prior notice, without any liability on Botanica Wines’ part and without prejudice to Botanica Wines’ rights in terms of these Terms or at law.  Following such termination, the User will forfeit the right to link to this Website as described in clause 13.4.

14.      DISCLAIMER

Any commentary, advice, information, suggestions, opinions, answers or any other information posted on the Website is not intended to nor shall it be interpreted to amount to advice on which reliance should be placed and are posted merely for guidance purposes only. The User makes use of any such information at their own risk and in their own discretion and disclaims and indemnifies Botanica Wines from and against any and all liability and responsibility arising from any reliance placed on such information whether posted on the Website or by any other person visiting the Website.

15.      PROPRIETARY RIGHTS

15.1                 The User acknowledges that Botanica Wines and its licensors are the proprietors of any and all intellectual property subsisting in, pertaining to or used on the Website including, without limitation, patents, inventions, copyright, trade marks, goodwill and/or trade secrets (Intellectual Property) associated with, related to or appearing on the Website.

15.2                 The content of the Website, including but not limited to any pictures, photos, text, presentations, names, titles, brands, drawings, models and associated software are protected by South African and international law.  The owners of such content reserve all such rights therein unless provided otherwise in these Terms.

15.3                 The User undertakes:

15.3.1                          not to use or register any trade marks, trade names or other devices which are or incorporate marks which are the same as or confusingly similar to the Trade Marks or which marks are likely to be associated with the Trade Marks or where such use would take unfair advantage of or be detrimental to the distinctive character or the repute of the Trade Marks;

15.3.2                          not at any time to do or cause to be done any act or thing in any way impairing or tending to impair any part of the rights, title and interest in and to the Intellectual Property; and

15.3.3                          not in any way to make unauthorised use of the Intellectual Property or to represent that the User has any rights of any nature in the Intellectual Property or any registrations thereof.

15.4                 Without limiting the generality of the provisions of clause 15.3, the User undertakes not to make any unauthorised use, reproductions or copies of any work or material displayed or made available on the Website and agrees to adhere to and comply with all policies, conditions of use and rules that may apply to the use of such work or material.

15.5                 Botanica Wines graphics, logos, page headers, button icons, scripts and service names are the property of Botanica Wines.  Botanica Wines trade marks and trade dress may not be used in connection with any product or service that is not conducted by Botanica Wines or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Botanica Wines. The User may not use any of the Intellectual Property without Botanica Wines’ prior written consent. All other trade marks not owned by Botanica Wines that appear on the Website are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by us. The User may not use such trade marks without prior written consent from the relevant owners.

16.      MALICIOUS SOFTWARE AND OFFENSES

16.1                 The User warrants that:

16.1.1                          the User will not use the Website in any way that causes, or is likely to cause, the Website and access to the Website to be interrupted, damaged or impaired in any manner;

16.1.2                          no form of virus, Trojans, worms, logic bombs, or other malicious coding, virus or software will be introduced onto the Website or into Botanica Wines’ system which may cause any form of technological harm or any other form of harm in any manner or respect;

16.1.3                          the User will not attempt to gain unauthorised access to the Website, including through the theft of any third party’s username and password; and

16.1.4                          the User will not attempt to gain unauthorised access to the Website’s server, databases, computers or any other device associated with the Website and will not attack the Website through a denial-of-service attack or a distributed denial-of-service attack.

16.2                 Any breach of these Terms regarding malicious software and offenses will be reported to the relevant law enforcement agencies and Botanica Wines will co-operate in all respects with those law enforcement agencies, including by way of disclosure of the identity and identification information of the User.

16.3                 Although Botanica Wines and its representatives will use reasonable efforts to ensure that no malicious content can be received from the Website, Botanica Wines does not warrant that the Website is free of malicious content or viruses and Botanica Wines will not be held liable for any loss resulting from a distributed denial-of-service attack, or any malicious content as described in clause 16.1.2. which may infect any User’s computer or device, computer equipment, data or any other propriety material where such loss is or may be attributed to the User’s use of the Website or downloads received from the Website.

16.4                 The User warrants that they will not use the Website in any manner that will break any law enforceable in South Africa or cause any annoyance, unnecessary anxiety or inconvenience to any person.

17.      SUSPENSION AND DEREGISTRATION

17.1                 Botanica Wines reserves the right to at any time suspend or terminate the Website or any activity on the Website for any reason, including (without limitation) any unlawful use of the Website by any User or for any reasons relating to any law, legislation or regulation.

17.2                 In the event that the Website, any activity or event on the Website or any person’s purchase of any of the products offered for sale on the Website is suspended or terminated, a person shall have no claim against Botanica Wines for whatever reason.

18.      PRIVACY

Botanica Wines’ Privacy Notice, which is incorporated into these Terms by this reference, further describes the collection and use of information on this Website.

19.      ADDRESSES

19.1                 Each Party chooses the addresses set out opposite its name below as its addresses to which all notices and other communications must be delivered for the purposes of this Agreement and its domicilium citandi et executandi (“Domicilium”) at which all documents in legal proceedings in connection with this Agreement must be served:

19.1.1                          Botanica Wines: As per clause 21;

19.1.2                          The User: As per the address supplied when the User registered as a user of the Website.

19.2                 Any notice or communication required or permitted to be given to a Party pursuant to the provisions of this Agreement shall be valid and effective only if in writing and sent to a Party’s chosen address in accordance with the provisions of clause 19.1, provided that documents in legal proceedings in connection with this Agreement may only be served at a Party’s Domicilium.

20.      GENERAL

20.1                 These Terms and/or any dispute arising from or in connection with these Terms shall be governed and interpreted in accordance with the laws of the Republic of South Africa. The User’s continued use of the Website will constitute their consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms. Furthermore, the Parties hereto hereby irrevocably and unconditionally consent to the non-exclusive jurisdiction of the High Court of South Africa, Western Cape Division, Cape Town in regard to all matters arising from this Agreement. Nothing in this clause or the Terms limits the User’s right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.

20.2                 If at any time there is a failure by Botanica Wines to insist on strict performance of any of the User’s obligations under these Terms and related contracts, this shall not be construed to be a waiver of such rights and shall not relieve the User from compliance with such obligations. A waiver of any one default is not to be interpreted as a condonation of any other or further defaults.

20.3                 Botanica Wines reserves the right to amend or delete any part of the Website, the related Terms and/or Privacy Notice at any time and without prior notice.  The User must review the Terms on a continual basis and remain up-to-date in respect of any changes.

20.4                 If the User needs to obtain a sales record of their transaction to buy products through the Botanica Wines Website, they can request same from Botanica Wines within 30 days of the transaction.

20.5                 Any and all communications between the parties, whether legal or merely for notification purposes, correspondence or for any other reason will only satisfy any legal requirement if it is reduced to writing whether electronic or otherwise.

21.      CONTACT DETAILS

Botanica Wines’ can be contacted on 079 478 1515 or at info@botanicawines.com.

22.      DISCLOSURE OF INFORMATION

22.1                 Merchant:                                   VC Povall trading as Botanica Wines

Passport number:         562001969

Physical address:          Devon Valley Road

Stellenbosch

7600

Postal address:             PO Box 12523

Die Boord

7613

Telephone number:      +27 79 478 1515

E-mail address: ginny@botanicawines.com

Website address:          www.botanicawines.com

VAT number:                 4750246961

22.2                 Botanica Wines will receive service of documents in legal proceedings at the above physical address.

 

PRIVACY NOTICE

1.         INTRODUCTION

1.1                    This privacy notice (the Privacy Notice) applies to all persons using the website located at www.botanicawines.com (the Website). The Website is owned and managed by VC Povall (Passport number: 562001969), a citizen of the United States of America, trading as Botanica Wines (Botanica Wines).

1.2                    By accessing the Website, the person that accesses the Website (the User) accepts and agrees to this Privacy Notice and expressly consents to the use and disclosure of their personal information in accordance with the provisions of this Privacy Notice. If the User does not agree to the provisions of this Privacy Notice, the User may not access or use this Website.

1.3                    Botanica Wines reserves the right to amend this Privacy Notice or add provisions to it at any time. By continuing to access and/or use this Website, the User agrees to the amended versions of the Website.

2.      INFORMATION COLLECTED

2.1                    If a User accesses the Website without giving Botanica Wines any personal information, Botanica Wines may still gather certain non-personal information, including information regarding the User’s activities on the Website.

2.2                    If the User registers with the Website, Botanica Wines will collect and use the User’s personal information. This information may include, without limitation, the User’s name and contact details, financial information, transaction history and details of the User’s visits to the Website.

3.      PURPOSE FOR WHICH PERSONAL INFORMATION IS USED

3.1                    The purposes for which Botanica Wines uses personal information includes, but is not limited to:

3.1.1                             providing goods and services to the User;

3.1.2                             facilitating the User’s transactions on the Website;

3.1.3                             improving the products and services offered by Botanica Wines as well as the User’s experience when using the Website;

3.1.4                             marketing, promote and advertise products and services to the User;

3.1.5                             communicating with the User for Botanica Wines’ internal purposes; and

3.1.6                             research conducted by Botanica Wines.

3.2                    Without limiting the generality of the aforesaid, the Website uses analytics to monitor and analyse web traffic and User behaviour on the Website. The analytics used include Google Analytics and Google AdWords.

3.2.1                             Google Analytics is a web analysis service provided by Google LLC. Google utilises the data collected to track and examine the use of its application, which helps websites understand how to customise pages in order to improve user experience. This service uses cookies to track the actions of a User, including the time spent on the Website and the pages visited. No personal data about a User is collected using a Google Analytics account, and this means Botanica Wines cannot identify who was on the Website. Users can learn more about Google Analytics from the official Google Analytics page.

3.2.2                             Botanica Wines uses Google AdWords remarketing for advertising purposes across the internet. The AdWords remarketing program allows the display of relevant ads based on the pages of the Website that are visited by Users. This information is collected by cookies. Cookies will not identify any personal information or allow access to a User’s computer. The Google AdWords remarketing program enables Botanica Wines to customise their marketing to serve the needs of a User and to only show that User ads that they may prefer to see.

4.      RELEASE OF PERSONAL INFORMATION

Botanica Wines may release the User’s personal information or disclose it to third parties in certain circumstances, including, but not limited to the following:

4.1                    if they are required or allowed to do so by law or a court order;

4.2                    in order for them to enforce their rights; and

4.3                    in order for them to provide goods or services to the User.

5.      SECURITY

5.1                    For purposes relating to the Website, Botanica Wines uses systems that are sufficiently secure with reference to accepted technological standards at the time of transactions.

5.2                    Botanica Wines will secure the integrity and confidentiality of Users’ personal information in its possession and under its control by taking appropriate, reasonable technical and organisational measures to prevent: (i) loss of, damage to or unauthorised destruction of personal information; and (ii) unlawful access to or processing of personal information.

6.      MARKETING AND PROMOTIONAL MATERIAL

6.1                    Botanica Wines may from time to time send marketing and promotional material to the User. By registering on the Website, the User consents to Botanica Wines sending such material to the User.

6.2                    The User may unsubscribe from receiving further marketing and promotional material. If the User wishes to do so, the User can follow the “unsubscribe” link in the material or send an email to Botanica Wines.

7.      TRANSFER OF PERSONAL INFORMATION

7.1                    Personal information collected by Botanica Wines may be transferred to third party partners and businesses, including online payment providers. Such third parties will only access the personal information when it is necessary to process an order made by the User and the User consents to such transfer. In such cases, Botanica Wines will take reasonable steps to ensure that such persons have appropriate privacy measures in place.

7.2                    Personal information collected by Botanica Wines may be transferred to persons in other countries. The User consents to such transfer. Botanica Wines will take reasonable steps to ensure that such persons have appropriate privacy measures in place.

8.      COOKIES

8.1                    The Website makes use of cookies to collect data. Cookies store information regarding Users and their use of the Website. Cookies have various purposes, such as improving the User’s experience on the Website and to facilitate the User’s use of the Website.

8.2                    Users may disable or decline cookies. However, if the User does so, the User might not be able to use the Website properly and certain aspects of the Website might not function.