Terms and Conditions
These terms govern the sale of wine and related products from us (Benguela Cove Investments (Pty) Ltd, PO Box 327, Bellville, 7535, VAT Number: 4190187668 , “Benguela”, “us” or “we”) to you, the customer (“you”, “the customer”) and are governed in accordance with the laws of South Africa.
Minimum Legal Age
It is against the law of the South Africa for us to sell alcohol products to those under the age of 18. By placing an order you confirm that you are at least both 18 years of age and above the minimum legal age for purchasing alcohol products in your country of residence.
Prices, Accuracy and Availability
Whilst we have endeavoured to ensure the accuracy of the information on our websites and in our published material, we cannot guarantee and give no warranty as to the accuracy, timeliness or completeness of any information or material on the website or our other published material. Prices, (which are duty paid and include VAT but may be subject to delivery charges and special offers) and specifications can change without notice and products are subject to availability.
Although we reserve the right to change our prices at any stage prior to completing your order, the description and prices payable for the items or services that you order are set out in our price lists, brochures and/or website. If, by mistake, we have underpriced an item or service, we will not be liable to provide that item to you at the stated price provided that we notify you before we dispatch the item concerned, or if we are not dispatching an item, within 7 working day of our acceptance of your order and we may cancel your order provided we refund you any payments you have made.
You may agree to pay the correct price in which case we will proceed with your order. In the event that you have been overcharged for an item, a full refund of the difference will be given.
Special offers and member benefits are made available only whilst stocks last and may be withdrawn at any time, without notice. Special offers and membership benefits cannot be used in conjunction with any other promotion.
How to Pay
We only accept payment in the South African Rand (ZAR). We accept most major debit and credit cards. Orders may be delayed by transfers of money or credit card authorizations not confirmed by the bank. Payment must be received in full before we will dispatch an order. If requested, invoices are issued as the goods are dispatched for physical delivery.
- You agree to ensure that all deliveries are taken by persons aged 18 or over.
Delivery charges (if any) are stated on the website when you make your order. If you order by phone we will inform you of the delivery charges (if any).
- If you elect to collect the wine from us your order will be available for collection for 28 days from the date of which your order is accepted, after which it will be returned to our warehouse and your account will be refunded. Please allow 28 days for this. Photographic identification and proof of purchase is required for the collection of all orders.
- Once an order is placed, an automatic email response is generated, letting you know that your order has reached us securely and confirming the order details. If there are any errors please contact us so that we can amend the order before dispatch.
- We aim to dispatch your order on the same or following day subject to stock availability and subject to payment in full by you for the product. If we are unable to dispatch the order in 5 working days we will contact you with an updated delivery date.
- If you have urgent or unusual delivery requirements please let us know when placing your order.
- Please note that different delivery companies have differing policies but as a rule a signature is required on delivery, this may be with a neighbour if you are not at home, in which case a card will be left to acknowledge the delivery unless specific delivery instructions are given at the checkout stage to leave the parcels unsigned for in a secure place. The order is left at your own risk.
- If our courier is unable to deliver then a card will be left. In this situation, further charges may become payable to arrange a subsequent delivery.
- Should the goods ordered be returned because the couriers have failed to deliver despite all reasonable attempts including a telephone number given for the recipient or any further helpful information, we will either credit you in full for the goods less a delivery charge, or re-dispatch on your instruction where the re-delivery cost will be charged to your account.
- You must ensure that any specific courier instructions given are correct, and that the information provided, ensures a safe and accurate delivery. We cannot be liable for discrepancies if incorrect information has been given.
- Deliveries should be signed for as “Not Examined” and you should inspect the goods as soon as possible and notify us immediately of breakages or wine shortages. We are unable to guarantee credit or replacements unless we are notified within 5 days of delivery of the order.
- Please be aware that multi-case orders can become separated. If you do not receive the balance of your order within 3 working days of the first delivery please contact us.
- We regret that neither we nor our carriers can accept responsibility for any subsequent loss or damage which occurs once the consignment has been left.
- We have no liability for any failure to deliver goods that have been ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control.
When dealing with your delivery please remember that:
- a case of wine is heavy, so extra care should be taken when lifting it. If you are concerned about the weight we advise that you transfer the bottles 1 or 2 at a time
- red wine in particular may cause staining if split, so extra care should be taken
- sparkling wines can be volatile due to the build-up of gasses. Extra care should be taken when opening these.
Returns, refunds and quality
We are committed to providing our customers with a high level of service and are equally committed to ensuring we provide a safe legal product. If a wine is corked or faulty we will offer a replacement or credit on the return of the bottle in question. Many wines are sold to drink young so we offer a simple drinking guide to help clarify the optimum drinking time of all our wines. If a wine has been kept too long or stored inappropriately, we may not be able to offer a refund.
Goods must be checked on delivery and damages/shortages must be reported within 48hours of delivery.
Return of goods/cancellation
Subject to the specific cancellation provisions below in relation to specific services, orders for goods (to be delivered) may be cancelled within 14 working days of receipt of goods. A full refund less a delivery charge will be offered provided the goods remain in good condition and the request to cancel is received in writing. All bottles must be unopened and in the same condition in which they were supplied. The customer is liable for the initial delivery cost and return delivery cost to our warehouse.
All refunds will be issued within 28 days of the goods being received back to our warehouse.
Benguela Wine Club
These terms apply to members of the Benguela Wine Club (“wine club”). All wines and goods provided through the wine club are subject to availability. Some items will inevitably go out of stock and we therefore reserve the right to select and deliver to you a substitute (of equal or higher value) to the wine forming part of your wine club membership. If we are unable to supply a particular item, or do not supply a substitute, we will not be liable to you except to ensure that you are not charged for that item.
We will collect some personal information from you in the registration form that we ask you to complete when signing in. This information is collected so that we can deliver any products ordered online but we do not hold credit and debit card details.
Once you have registered with us we will contact you about products and promotions in the future. You may at any stage opt out of being on our mailing list.
We will not share or sell the details that you have disclosed to us with any third parties unless we are required to do so by law.
If you contact us by phone please note that our phone calls might be recorded.
None of the above affects your statutory rights as a consumer.
Benguela Cove Investments (Pty) Ltd. 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: http://www.polity.org.za/attachment.php?aa_id=3569
Payment options accepted
Payment may be made via Visa and MasterCard.
Card acquiring and security
Card transactions will be acquired for Benguela Cove Investments (Pty) Ltd. 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 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 separate from card details
Customer details will be stored by Benguela Cove Investments (Pty) Ltd. 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
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 South African Rand (ZAR).
Benguela Cove Investments (Pty) Ltd. takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.
Country of domicile
This website is governed by the laws of South Africa and Benguela Cove Investments (Pty) Ltd. chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature. Company Physical Address: Benguela Cove, R43, Hermanus, 7200 | Postal Address: PO Box 327, Bellville, 7535
Benguela Cove Investments (Pty) Ltd. may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by Benguela Cove Investments (Pty) Ltd. based in South Africa trading as Benguela Cove Investments (Pty) Ltd. and with registration number 4190187668 and Penny Streeter OBE (Owner).
Benguela Cove Investments (Pty) Ltd. contact details
Company Physical Address: Benguela Cove, R43, Hermanus, 7200
Telephone: 087 357 0637