General
All orders placed online with Black Oystercatcher constitute your (the customer’s) offer to purchase the wine products subject to these terms and conditions. Black Oystercatcher’ website’s (“the Website”) terms of use are incorporated by reference into these terms and conditions.
Legal drinking age
No wine products will be sold to anyone under the age of 18 (eighteen) years. Should you purchase any wines products through the Website, the person receiving delivery of such wine products may be required to show identification proving that he or she is of the applicable legal age.
Market
The online wine sales service offered by this Website is currently only available to buyers in the Republic of South Africa.
Availability
All the wine products displayed on the Website are subject to availability. In the event of a particular wine product not being available, we will immediately contact you to suggest an alternative wine product. You are then entitled to accept the alternative(s) or such items as can be correctly delivered, or cancel your order. Special promotions may be subject to certain conditions, including availability and limited offer stipulations. We reserve the right to discontinue, or change, the specifications of our wine products from time to time without notice, or to adjust our prices in which event you will be informed thereof at the time of confirmation of your order.
Payment
All prices quoted on the Website are in South African Rand (ZAR), and include Value-Added Tax. Prices quoted are per bottle or per case, as indicated. Payment is accepted via Payfast whom accepts credit card (Visa, Master Card, Diners) or direct electronic transfers.
Credit Card Security and Privacy
The private information required for executing the order placed through the Website, namely your personal information, delivery address and contact number(s) will be kept in the strictest confidence and not sold or made known to third parties except insofar as is required for executing order or permitted by law. Credit card transactions will be managed for Black Oystercatcher by Payfast (Pty) Ltd (“Payfast”). Payfast use the strictest encryption; go to www.payfast.co.za to view their security certificate and security policy. No credit card details are stored on the Website.
Delivery
On receipt of payment, delivery will be made to the address provided during your transaction. *Delivery usually takes place 7 working days from payment. All deliveries made will be by road freight directly to your nominated address. All goods must be signed for on delivery. If no one is available at the nominated address when delivery is attempted, the wine products will be retained by the courier, in which case notification of the attempted delivery will be given. Should the wine products ordered be returned to Black Oystercatcher, any further delivery attempts will also be at your cost. We will not be liable for any loss occasioned by any delay in the delivery of any order, nor for any loss, damage or misplacement of any wine products ordered from us after delivery has been made to your nominated delivery address. Wine products are only insured up to the point of delivery. Risk in and to the products will transfer to you upon completion of delivery.
*Take note: Our online shop remains open throughout the festive season, but delivery only takes place once the warehouses reopen in January 2021.
Returns
Your satisfaction is our main priority. If for any reason you are dissatisfied with the quality of our products, please contact us and return the products at your cost within 7 (seven) days of delivery of your order. If the products were indeed faulty in any respect when delivered to you, we will issue a replacement, or refund you the price of the products, as well as the cost of delivery to return the products to Black Oystercatcher, within 30 (thirty) days from receipt of returned goods. You will be deemed to have accepted the order should you not return the products within the 7 (seven) day period. If the delivery does not match the ordered products, we will gladly replace the incorrect products. Unfortunately we cannot replace or refund you for any case where the wine products do not meet personal preference. You are more than welcome to contact us for any advice on wine selection prior to purchase.
Cancellation
An order is cancelled once you have notified Black Oystercatcher and have received our confirmation of receipt of your cancellation notice. Cancelled orders will be refunded after deduction of a charge equal to 5% (five percent) of the purchase price for administration costs. Orders may be cancelled by calling us on +27 (0) 28 482 1618, or by e-mail at orders@blackoystercatcher.co.za. We reserve the right to debit your payment card for the delivery fees in respect of any late cancellations, in addition to the charge.
Variation
Black Oystercatcher may, in 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 Black Oystercatcher may subsequently make to these terms and conditions.
Jurisdiction
These terms shall be solely and exclusively governed by and construed and interpreted in accordance with the law of Republic of South Africa. The parties agree that the agreement shall, for purposes of jurisdiction, have been concluded at our office at Black Oystercatcher, Bredasdorp. 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.
*Johannesburg, Pretoria, Cape Town, Boland, Overberg, Durban, Southern Cape , Port Elizabeth, East Londen