Scroll down for Shop, Wine Club for the Terms & Conditions
Fryerscove.co.za is the official online platform on which Fryer’s Cove Vineyards in Doring Bay, South Africa, publishes news about its events, general information about its various activities and business operations, and products that may be ordered online.
While we do not share the information we collect on our website with third parties, we do process the information we collect on our websites (registration details, contact details, traffic analysis reports) for in-house purposes: to improve the content of our web pages, to market Fryer’s Cove Vineyards brands and products, to fine-tune the behaviour of our websites, to monitor user behaviour, to customize the content and/or layout of our page for each individual visitor and to notify consumers about updates to our website. 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).
- GOOGLE ANALYTICS
Fryer’s Cove Vineyards uses Google Analytics, including its Demographics and Interest Reporting, to collect data about your traffic via Google advertising cookies and anonymous identifiers, in addition to data collected through a standard Google Analytics implementation. To provide website visitors the ability to prevent their data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on.
- Edit or remove your details from our mailing list
Fryer’s Cove Vineyards store your registration details in an online mailing list database. You may at any time ask us to remove or edit your details, by contacting us via the contact details provided on the website, or by selecting the unsubscribe link in our newsletters.
- Website ownership and copyright
The Website is owned by Fryer’s Cove Vineyards and managed by Fryer’s Cove Vineyards as content provider and content aggregator. All materials distributed in the Website (the “Materials”) are owned exclusively by Fryer’s Cove Vineyards. Except for downloading one copy of the Materials for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of Fryer’s Cove Vineyards. Materials must not be used in any unauthorized manner. Text, legal opinions and advice, photographs and or graphic material, including the Fryer’s Cove Vineyards brand and logo (collectively, the “Materials”) shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.
- User interaction
Participation: The Website offers an opportunity for you to “Contact Us” (“Message Features”). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message that: imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website;
- is threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law;
- violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- contains a virus or other harmful component;
- constitutes or contains false or misleading indications of origin or statements of fact;
- contains material irrelevant to the subject matter; or
- contains any virus, Trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
In order to participate in any Message Feature, you will be asked to provide certain personal information such as, for example, your name and email address. (The Website’s Privacy Statement explains how such information may be collected and used.)
License: By transmitting any Message, you are granting to Fryer’s Cove Vineyards a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message, in whole or in part, in any form, media or technology known or hereafter developed.
You acknowledge that Messages are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and Fryer’s Cove Vineyards other than as expressly set forth in this Agreement.
- Termination and variation of services
Fryer’s Cove Vineyards may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. They may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the website to other Web sites maintained by third parties, do not constitute an endorsement by Fryer’s Cove Vineyards or any of its affiliates of any third party website or content. Fryer’s Cove Vineyards are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.
- Disclaimer of warranties
Use of the website and the services, are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.
The website, including, but not limited to all services are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to any warranties of title or warranties of merchantability or fitness for a particular purpose.
Fryer’s Cove Vineyards do not warrant that: (1) the website or the services will be uninterrupted or error free; (2) defects or errors in the website or services will be corrected; (3) the website or the services will be free from viruses or other harmful components; or (4) any information contained in the website, or the services will be accurate or reliable.
- Limitations on liability
Notwithstanding any term in this agreement, or other operating term set forth by Fryer’s Cove Vineyards, you are exclusively liable for the content of every message you transmit via the website. In no event may Fryer’s Cove Vineyards be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to use of or inability to use the website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Fryer’s Cove Vineyards have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of Fryer’s Cove Vineyards in such jurisdictions shall be limited to the extent permitted by law.
You hereby agree to indemnify and hold Fryer’s Cove Vineyards – and their respective shareholders, members, directors, officers, employees, agents and representatives – harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (1) your use of the website or (2) any alleged breach of this Agreement by you.
This Agreement may be immediately terminated at any time by Fryer’s Cove Vineyards in their sole discretion. In addition and without prejudice to any other remedy available to Fryer’s Cove Vineyards, and they may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by Fryer’s Cove Vineyards.
- Choice of law and jurisdiction
This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Western Cape Division of the High Court in the event of any dispute.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreement and communications with respect to the subject matter herein. The section headings in this Agreement are for convenience only and must not be given any legal importance.
By using the website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. Fryer’s Cove Vineyards may change the terms of this Agreement at any time, and your use of the website after such changes are posted will mean that you accept them.
Online Shop & Wine club
Fryer’s Cove Vineyards is a business in the wine industry that produces and sells wine.
- Company information
This website, web shop and membership is run by Fryer’s Cove Vineyards based in South Africa trading as Fryer’s Cove Vineyards and with registration 2001/005985/07 Fryer’s Cove Vineyards can be contacted at Email: email@example.com Telephone: +27 (0)27 215 1092
- Age restriction
Fryer’s Cove Vineyards is committed to responsible drinking. By visiting and using this section on our website, you confirm that you are of legal drinking age. Please drink responsibly
These terms and conditions apply to any and all orders placed with Fryer’s Cove Vineyards. Please read these terms and conditions carefully as they affect your legal rights and liabilities and set out the terms under which Fryer’s Cove Vineyards makes products available to you. It is expressly implied that by buying any product from Fryer’s Cove Vineyards, you accept these terms and conditions.
All local prices quoted include VAT currently at 15%, but exclude delivery charges (where applicable) which are calculated at point of sale. Prices quoted are per bottle or per case, as indicated. Fryer’s Cove Vineyards reserves the right to vary prices at any time, without notice. All private sales to non-South African Residents will be subject to VAT unless shipped through a recognized shipping agent or courier service.
All wines listed are subject to availability. In the unlikely event that a wine is not available, we shall contact you to recommend alternatives. You are then entitled to accept the alternative or cancel your order.
We shall acknowledge your order / Wine Club application via letter or email. Our acknowledgment of this constitutes legal acceptance, at which point a binding contract of sale has been concluded. We reserve the right to refuse any order or application at our discretion. No wine will be sold to anyone under the South African legal drinking age.
Subject to availability and receipt of payment, delivery will be made to your door at the address specified on your order or application form. Delivery will be made by arrangement with the buyer or member, on a date indicated as suitable by the buyer or member. Delivery charges will be levied to international destinations. Shipping rates depend on the location of the delivery and the number of bottles purchased. For a quote on international shipping rates, please contact firstname.lastname@example.org All deliveries made in South Africa will be by road freight directly to your door. All goods must be signed for on delivery. If no one is available at the address when the delivery is attempted, the goods will be retained by the courier, in which case notification of the attempted delivery will be given. Should the wine order be returned to Fryer’s Cove Vineyards, any further delivery attempts will be at your cost. We will not be liable for any loss occasioned by any delay in the delivery of any order.
- Export restriction
The offering on the online shop on this website is available to residents in South Africa only. For international wine orders and a list of worldwide retailers contact email@example.com
Our products are insured to the point of delivery.
An order is considered cancelled once you have notified Fryer’s Cove Vineyards of such cancellation and you have received our confirmation thereof. Cancellation of in-stock items is only possible if the stock has not left our premises. Should we be unable to effect payment with credit card details given, this order will be cancelled. Orders may be cancelled by email to firstname.lastname@example.org.
Fryer’s Cove Vineyards guarantees the quality of all products supplied, and your satisfaction is our foremost priority. If for any reason you are dissatisfied with your order or the quality of our products, please contact us and return the products within the stipulated 14 days’ period. If we find that the items were faulty in any respect when delivered to you, we will refund you the price of the item(s) as well as the cost of delivery and return of the items, within 30 days of our receipt of the returned items. You will be deemed to have accepted the order should you not return the products within the 14 days’ period.
Where you have paid by credit card, we will process any refund to the credit card used for the purchase. In any other case, we will refund you by cheque or EFT transfer.
Payment will only be accepted by Visa or Master Card credit cards, or by EFT into our bank account.
- Credit Card Security
Credit card transactions will be acquired for Fryer’s Cove Vineyards via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. 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. Customer details will be stored by Fryer’s Cove Vineyards 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
- Customer details separate from card details
Customer details will be stored by Fryer’s Cove Vineyards 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
Fryer’s Cove Vineyards 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:
- 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 in South African Rand (ZAR).
Fryer’s Cove Vineyards liability to you in connection with or arising from any order will be limited to a maximum of the price charged for the relevant items, our delivery charges and any reasonable and necessary return costs arising from the order.
- Country of Domicile
These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. The courts of the Republic of South Africa shall have exclusive jurisdiction to determine any dispute connected with any orders placed with Fryer’s Cove Vineyards. If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable, and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.
Fryer’s Cove Vineyards may, at its sole discretion, change these terms and conditions or any part thereof at any time without notice. However, the terms and conditions published here at the time when a specific order is placed will govern that specific order and all matters incidental to the specific order, notwithstanding any amendments which Fryer’s Cove Vineyards may subsequently make to these terms and conditions.
- Customer Service
Contact us should you have any questions, suggestions or comments. We appreciate your patronage and strive to provide you with exceptional service.