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The Masons Winery
The Masons Winery

Standard Terms & Conditions of Sale

IMPORTANT NOTICE

Please read these Standard Terms and Conditions of Sale carefully before using the Masons Winery website and online shopping platform.

These Standard Terms and Conditions of Sale apply to all transactions in respect of the sale of Products entered into between Masons Winery and its Customers, including any online shopping. They prevail over any conflicting terms, conditions or stipulations contained in any other document, including correspondence and emails.


By accessing and using this website, including any online purchase of Products, you agree to be bound by these Standard Terms and Conditions of Sale and all other terms and conditions referred to in this Agreement, as amended from time to time. If you do not agree to these terms and conditions, you may not enter, access, display or use the website, or download, copy or distribute any of its content.


Masons Winery may amend these Standard Terms and Conditions of Sale at any time by posting the amended terms on the website. All amended terms become effective immediately after they are posted and any subsequent use of the website will be governed by such amended terms. However, the terms and conditions published at the time a specific order is placed will govern that order and all matters linked to it, despite any later amendments.


The Masons Winery Website Terms and Conditions and Electronic Communication Legal Notice form an integral part of these Standard Terms and Conditions of Sale and must be read with them.

1. INTERPRETATION

In this Agreement, unless the context indicates otherwise:

  • “Agreement” means these Standard Terms and Conditions of Sale, together with the Masons Winery Website Terms and Conditions and the Masons Winery Electronic Communication Legal Notice, as amended from time to time.

  • “Card” means a valid MasterCard, Visa or similar debit or credit card with sufficient funds to complete any purchase of Products ordered.

  • “Masons Winery” means Masons Winery (Pty) Ltd, including any holding company, subsidiaries or affiliates.

  • “Customer” means any person or entity that purchases Products from Masons Winery.

  • “Products” means any wine or other products sold by Masons Winery on the website.

  • “Standard Terms and Conditions of Sale” means these Standard Terms and Conditions, as amended from time to time.

  • “Website” means the Masons Winery website, as amended from time to time.


Expressions in the singular include the plural, and vice versa.
Words denoting natural persons include juristic persons, and vice versa.
Pronouns of any gender include the corresponding pronouns of the other gender.
Paragraph headings are for reference only and do not affect interpretation.
Any word, term or expression not defined in this Agreement will bear the meaning commonly used in the wine industry, failing which it will bear its ordinary meaning.
The parties agree that the principle of contra preferentem will not apply to this Agreement.



2. SALE OF LIQUOR

The website markets, promotes and advertises the sale of liquor products. It is not intended for use by persons under the age of 18 years. If you are under 18, you may not enter, access or use this website.

No liquor products will be sold to anyone under the age of 18. When you purchase liquor products on the website you will be required to confirm that you are over 18. Any person receiving delivery of liquor products may be required to show identification proving that they are of legal age.


3. REGISTRATION AND ONLINE SHOPPING

Purchases made from the website require registration.

To register, the Customer must provide certain information, which may include personal details, contact details, payment card details and a delivery address that falls within a delivery area specified by Masons Winery from time to time.

When registering, the Customer will choose a username and password. These details must be used each time an online purchase is made. The Customer is responsible for keeping their username and password secret. Masons Winery accepts no liability for any damages or losses arising from the use or misuse of these details.

To purchase from the website the Customer must be over 18 and the holder of a Card. All use of the Card is subject to this Agreement.

Masons Winery does not accept liability for any cybercrime, including but not limited to fraudulent use of the Card. The Customer indemnifies and holds Masons Winery harmless against any damages suffered by Masons Winery and or the Customer as a result of such fraudulent use or cybercrime linked to any use of the website.



4. MARKET
The online wine sales service offered by Masons Winery on the website is available to buyers in the Republic of South Africa.

International sales may be offered on special request, at different costs and subject to additional delivery, customs and insurance provisions which will be communicated by Masons Winery when confirming any order.


5. MISREPRESENTATION

The Customer acknowledges that they do not rely on any representations made by Masons Winery regarding the Products, other than those contained in this Agreement. All specifications, price lists, advertisements, brochures and other technical data supplied by Masons Winery in respect of Products, orally or in writing, will not form part of this Agreement unless expressly agreed to in writing by Masons Winery.

The Customer agrees that neither Masons Winery nor any of its directors, officials or employees will be liable for any negligent or innocent misrepresentations made to the Customer.



6. SUITABLE FOR PURPOSE
It is the sole responsibility of the Customer to determine that Products ordered are suitable for their intended purpose.


7. PRICES, PRODUCT SALES AND AVAILABILITY
All Products displayed on the website are subject to availability.
If a particular Product is not available, Masons Winery will contact the Customer to suggest an alternative. The Customer may accept the alternative, accept only the items that can be correctly delivered, or cancel the order.
Prices are quoted per bottle or per case, as indicated, inclusive of VAT and exclusive of delivery.
Masons Winery reserves the right to change prices and to add or discontinue Products offered on the website without prior notice.
Special promotions may be subject to specific conditions, including stock availability and limited offer terms.


8. PAYMENT
Payment may be made by Card or by electronic funds transfer (EFT).
Masons Winery is authorised to debit the total amount payable for Products ordered against the Card supplied when the Customer completes their order. Masons Winery may debit the Card upon acceptance of the order and before delivery.
By submitting an order, the Customer warrants that they are over 18, are authorised to use the Card and that there are sufficient funds to pay for the order.


9. CONFIRMATION OF ORDERS

Orders placed on the website constitute an offer by the Customer to purchase Products subject to this Agreement.

An order is complete upon confirmation of receipt of payment by Masons Winery, when:

  • Card authorisation is received from the issuing bank, or

  • The exact amount has been received via EFT.

On completion of the order, Masons Winery will indicate acceptance by sending a confirmation, for example via email, SMS or another electronic messaging service. At that point an agreement of sale is concluded.

Masons Winery reserves the right to:

  • Refuse any order without giving reasons, and or

  • Cancel orders in whole or in part as circumstances dictate.

In such cases Masons Winery will not be liable for any losses or damages, including indirect, special or consequential damages. Its liability will be limited to a refund of monies already paid by the Customer.

While every reasonable effort is made to ensure that information on the website is current and accurate, errors may occur. If items are offered at incorrect prices, Masons Winery will not be obliged to sell at such prices and its liability is limited to refunding monies already paid by the Customer.



10. DELIVERY
Shipping charges and thresholds for free shipping will be displayed on the website or during checkout.
(For example: “Shipping is charged at R[xxx] per [weight] and orders over R[amount] qualify for free shipping.”)
Delivery of Products as per confirmed orders will be made to the nominated address on the Customer’s order. Masons Winery accepts no liability for an incorrect address supplied by the Customer.
Unless otherwise stated, all deliveries are made by road freight directly to the Customer’s nominated address.
Deliveries normally take place Monday to Friday during business hours, excluding public holidays.
Masons Winery only delivers within specified delivery areas in South Africa, usually major centres, unless otherwise agreed in writing.
Masons Winery will endeavour, but does not guarantee, to deliver South African orders within the timeframes indicated on the website or in the order confirmation. International order delivery terms will be set out in the confirmation of order.
If Masons Winery agrees to engage a courier to transport Products, it does so on the Customer’s behalf. The Customer indemnifies Masons Winery against any claims arising from the courier agreement. Masons Winery is not liable for any loss or damage caused by the courier or its staff.
All Products must be signed for on delivery. If no one is available at the nominated address when delivery is attempted, the Products will be retained by the courier. Masons Winery will attempt to contact the Customer to arrange a new delivery or collection. Any additional costs will be for the Customer’s account.
Proof of age may be required on delivery. Failure to provide such proof may result in the Products being retained by the courier and additional delivery charges may apply.
For verification, the person accepting delivery may be required to produce identification. Any person at the nominated address who accepts delivery is presumed to be authorised to do so on the Customer’s behalf.
The person accepting delivery will be required to sign and print their name on the delivery note as confirmation of delivery.
On delivery, the Customer will receive a delivery note indicating the items delivered, prices, VAT and total amount.
Any signed delivery note held by Masons Winery will be prima facie proof that delivery was made.
Masons Winery is not liable for loss or damage caused by delay in delivery, nor for loss or misplacement of Products after delivery has been made to the nominated address.
Products are insured by Masons Winery only up to the point of delivery.
Masons Winery may in its discretion split deliveries in quantities and on dates it decides.


11. RISK AND OWNERSHIP
Risk in the Products transfers to the Customer upon delivery at the nominated delivery address or to the person accepting delivery on the Customer’s behalf.
Ownership of the Products remains with Masons Winery until payment in full has been received. Products must be returned or surrendered to Masons Winery if requested in a default notice.


12. RETURNS
Customer satisfaction is important to us. If the Customer is dissatisfied with the quality of Products, they must contact Masons Winery and return the Products at their cost within 7 days of delivery.
If the Products were faulty when delivered, Masons Winery will, at its discretion, issue a replacement or refund the price of the Products and reasonable return delivery costs, within 30 days of receiving the returned Products.
If the Customer does not return the Products within the 7 day period, they are deemed to have accepted the order and no returns will be accepted thereafter.
Masons Winery cannot replace or refund Products that do not meet personal taste preferences. The Customer is welcome to contact Masons Winery for advice prior to purchase but the final choice remains with the Customer.


13. CANCELLATION
Without prejudice to any other rights in law, Masons Winery may cancel any sale and or the Customer’s registration with immediate effect if the Customer breaches this Agreement.
The Customer may cancel an order within 7 days of placing it. An order is cancelled once Masons Winery has received written notice of cancellation and has confirmed receipt in writing.
If the order has already been dispatched, the Customer will be liable for any costs incurred in returning the Products to Masons Winery.
If the Customer wishes to cancel after 7 days, they will be liable for the full purchase price plus any related costs.
All terms of this Agreement that by their nature should survive cancellation will do so, including ownership provisions, indemnities and limitations of liability.


14. FORCE MAJEURE
Any order is subject to cancellation by Masons Winery due to acts of God or any circumstance beyond its control, including inability to secure labour, power or materials, war, civil disturbance, strike, lockout, fire, flood, drought, government actions or new legislation.


15. RECORDS OF TRANSACTIONS
Customers may access their purchase history by logging into their account on the website. Records will ordinarily be maintained for at least 12 months.


16. SEVERABILITY
Each provision of this Agreement is severable. If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.


17. LAW APPLICABLE
This Agreement is deemed to have been made in the Republic of South Africa and is governed by South African law.
In any action instituted by Masons Winery against the Customer, the unsuccessful party will be liable for the successful party’s legal costs on the scale as between attorney and own client, including collection and tracing costs.

18. DOMICILIUM CITANDI ET EXECUTANDI

Masons Winery and the Customer choose the following addresses as their domicilia citandi et executandi for all purposes under this Agreement:


Masons Winery
Physical address: 55 &, 56 Main Rd, Southern Paarl, 7646
Email: info@masonswinery.co.za 


Customer
The delivery address nominated in the order
Email: The email address used when registering or placing the order

Notices must be in writing. It is competent to give notice by post, hand delivery or email.

  • Notices by prepaid registered post will be deemed received on the 5th business day after posting, unless proved otherwise.

  • Notices delivered by hand during ordinary business hours will be deemed received on the day of delivery.

  • Notices by email will be deemed received on the date of sending, unless proved otherwise.

A written notice actually received by a party is valid even if it was not sent to their chosen domicilium.



19. WHOLE AGREEMENT AND AMENDMENT
This Agreement constitutes the whole agreement between Masons Winery and the Customer regarding the sale of Products.
No amendment, consensual cancellation, waiver or relaxation of any provision will be binding unless in a written document signed by both parties. Electronic signatures and email acceptance are not sufficient for such amendments.
No indulgence granted by either party will be a waiver of rights or prevent that party from enforcing its rights strictly in future.


20. CUSTOMER PRIVACY
Masons Winery will take reasonable steps to protect the personal information of users. For this clause, “personal information” is defined in the Promotion of Access to Information Act 2 of 2000 (PAIA).