BOSJES

TERMS & CONDITIONS

Please read the following terms and conditions carefully as they set out your rights and duties when you order any product from us.

INTRODUCTION

By ordering any product from us you agree that you have read, understand and are bound by these terms and conditions.

Without limiting the above, we may ask you to accept any or all of the terms and conditions when you order any product.

If you don’t want to be bound by the terms and conditions, you must not order any product.

PERMITTED USERS

You may only use the Bosjes website if you are of legal age to buy and consume alcoholic beverages. If you are not of that age, you must please exit the Bosjes website now.

INTERPRETATION

In these terms and conditions –

  • ECT Act means the Electronic Communications and Transactions Act, No 25 of 2002;
  • Bosjes website means the website that we own and operate located at www.bosjes.co.za including any page, part or element of that website;
  • We, us and our means Bosjes, and includes our successors in title and/or assigns;
  • You and your means you and any person who or orders our products;
  • The singular includes the plural and vice versa; and
  • Headings are only for reference and not interpretation.
YOUR PRIVACY

We respect your privacy.

We won’t monitor, edit, or disclose any of your personal information or account details without your prior written permission unless we may or must do so by law.

We will try our best to protect your privacy on systems and websites that we control.

However, we are not liable for any unauthorised or unlawful disclosures of your personal information by third parties who are not subject to our control.

We don’t warrant the security of the information which you transmit to us.

You give us the right to send you updates and newsletters relating to our products. Those communications do not constitute spam. You may ask us to stop sending you those communications.

MINIMUM PURCHASES

You must buy at least 6 bottles for us to be able to ship your order. This could be a mixed case of wine and olive.

ORDERS

To place orders for products you must follow the procedure set out on the Bosjes website.

PRICING AND PAYMENT

All prices quoted include value-added tax (VAT) at 15%, but exclude delivery fees which are calculated at point of sale/check out.

We may changes prices at any time, without notice.

All products are listed subject to availability

You must pay all charges free of set-off, charges or deductions.

Exchange:

If you are not 100% happy with your unused purchase, please return it to us within 14 days of receiving it for an exchange or refund. It must be returned sealed in its original packaging and will be at your own cost. Once we have received your return and inspected it, we will refund you or do an exchange depending on your preference.

Damaged/Defective Items:

It is the policy of Bosjes to ensure that all goods are supplied to our customers in perfect condition and that every precaution is taken to protect the integrity of every product we sell.

If you received your goods in a damaged or broken state, we will collect and exchange the damaged item(s) without charge to you provided you notify us about the damaged item(s) within 14 days of taking the delivery.

Incorrect Items:

If we have sent you an incorrect item, please notify us as soon as possible or within 14 days of receiving it. We will collect the incorrect item, and replace it with the correct one. Alternatively, we will collect the incorrect item, and refund you.

SHIPPING POLICY

We strongly suggest that you request shipping your order to a business address.

By law, we may only deliver packages containing wine 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.

If no one is available at your requested delivery address when we deliver the products you ordered, our courier will retain the products and we will tell you about the attempted delivery. If the courier returns the products to us, you must pay for any further delivery.

We are not liable for any loss occasioned by any delay in the delivery of any order.

By law, we may only deliver products to physical addresses and may not deliver products to Post Office boxes.

Shipping and delivery are estimated based on the availability of the products you ordered and receipt of your payment. Orders are confirmed by email. Delivery takes about 10 working days.

CHANGES TO TERMS AND CONDITIONS

We may change any or all of the terms and conditions without notice to you.
Any changes will become effective when we publish them on the Bosjes website.
You must check the Bosjes website and the terms and conditions regularly for changes.

ADDITIONAL TERMS AND CONDITIONS

The Bosjes website may contain additional rules, prices or terms and conditions (additional terms and conditions).
By buying any product relating to the Bosjes website, you agree to be bound by, and comply with those additional terms and conditions.
These terms and conditions apply to the extent that there is a conflict between these terms and conditions and the additional terms and conditions.

INTERCEPTION OF COMMUNICATION

By buying any products you agree that we may intercept, block, filter, read and monitor any communication you make to the extent allowed by law for the purpose of conducting our business and securing our systems.

For the purposes of this clause, “intercept” and “monitor” bear the meanings given to those words in section 1 of the Regulation of Interception of Communications and Provision of Communication-related Information Act, No 70 of 2002 (RICA).
You agree that the consent above satisfies the “writing” requirement as detailed in the ECT Act and RICA.

GENERAL PROVISIONS

Governing law. The terms and conditions are governed by and are construed under the laws of the Republic of South Africa.

Jurisdiction. You submit to the jurisdiction of the courts of the Republic of South Africa.

Whole agreement. The terms and conditions constitute the whole of the agreement between us and you relating to the matters dealt with herein. No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the terms and conditions not incorporated therein will be binding on you or us. Any change or addition to the terms and conditions will only be valid if it is made by us under the section headed “Changes to Terms and Conditions” above.

Addresses. You select as your chosen address (domicile) for the purposes of receiving legal process and notices or ordered products. We may send you any notices (other than legal process) by email. You will promptly tell us if you address changes. We select as our address for the purposes of receiving legal process and notices the physical address specified in the section headed “ECT Act Information and Provisions” below.

Provisions are severable. Each provision of the terms and conditions is severable from the other provisions. If any provision is or becomes unenforceable for any reason, then the remaining provisions will remain binding.

Cession and delegation. You may not transfer your rights or duties under these terms and conditions. We may transfer our rights and duties under these terms and conditions without your consent.

The information, goods and/or services advertised on the Bosjes website are not an offer, but merely an invitation to do business.

We are deemed to have received any message you sent only if and when we respond to your message, or when we acknowledge receipt. Despite section 23(b) of the ECT Act, we are not be deemed to have received a data message if that message was blocked, filtered and/or destroyed by our content filtering and virus security systems.

Data messages we address to you are deemed to be –

  • received by you as detailed in section 23(b) of the ECT Act;
  • sent from the location(s) as detailed in section 23(c) of the ECT Act; and
  • sent by you from within the geographical boundaries of the Republic of South Africa.

Electronic signatures, encryption and/or authentication are not required for valid electronic communications between you and us.

Subject to the provisions of sections 43(5) and 43(6) of the ECT Act and the requirements for a valid electronic invoice issued by the South African Revenue Service from time to time, if applicable, we are under no legal duty to encrypt any content or communications from and to you and are also under no legal duty to provide digital authentication of any pages on the Bosjes website.