(Last updated ………….)
These Online Terms and Conditions are a contract between you and Exquisite Motivity with registration number ……….. (“Exquisite Motivity”; also referred to as “we” or “our”). Our registered address is 27 Sunset Close, Berger Street, Vorna Valley, Midrand. WineCo is acting as the designated e-commerce provider for Truevines Wines. These Online Terms and Conditions apply when you use this website (located at http://www.truevineswines.co.za), and when you buy any of our products through this website. Please read these Online Terms and Conditions carefully before you start to use this website. By using this website you confirm that you accept these Online Terms and Conditions. If you do not agree to these Online Terms and Conditions you must not use this website. You should keep a copy of these Online Terms and Conditions for future reference.
We aim to update this website regularly, and the content on this website and the products and services offered may change, in our sole discretion, from time to time. We further reserve the right at any time and without giving you any advance notice to make changes to the prices or quantities of goods that are sold through this website and to correct any pricing errors that may inadvertently occur. No notice of any changes will be given to you. We may also interrupt the operation of this website, or any part of the website, to perform routine or non-routine maintenance, to correct any errors, or make other changes.
Our legal obligations and limits on our liability
We do not represent that this website or any content, service or feature of the website will be error free, or that it will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality. We do not give any warranty, express or implied, in relation to the operation of this website.
We are not responsible for losses and damages that you might suffer which are:
Not caused by our breach of these online Terms and Conditions;
A side effect of the main loss or damage and which is not reasonably foreseeable by you and us when you begin to use this website (for example loss of profits or loss of opportunity);
A result of our failure to provide this website;
A result of your user name and password being used by someone else or any unauthorised access to your personal information (unless this is due to our negligence);
Caused by a distributed denial-of-service attack, virus or other technologically harmful material that may affect your computer equipment, programs, data or other material due to your use of this website (including your downloading any content from this website or any website linked to it).
You are encouraged to report any performance failures or errors to service@shop.truevineswines.co.za. These Online Terms and Conditions do not affect your statutory rights, including your rights under any applicable consumer laws, that cannot be altered by contract.
Content on this website
All content on this website, such as information, text, pictures, photographs, graphics, interfaces, and the design, structure and arrangement of the content, belongs to Exquisite Motivity and/or Truevines Wines and/or a third party, or is licensed to Exquisite Motivity and/or a third party, and is protected by law. You may not copy, reproduce, upload or post any of the content on this website without Exquisite Motivity’s prior written permission.
We may offer users of this website the opportunity to leave reviews for products on this website. While we will not remove negative reviews of products for this reason alone, we reserve the right to remove any inappropriate content, as determined by us in our sole discretion. We do not assume any liability for, or endorse, any reviews submitted by users. If you feel a review contains inappropriate content, please contact us.
Links to and from other third party websites
You may link to our main shop page provided that you do so in a fair and legal way and not in a way that may damage or takes advantage of our reputation or that suggests any form of association, approval or endorsement on our part. You may not frame this website nor may you create a link to any part of this website other than from the home shop page unless we give you written permission (which we may withdraw at any time).
This website may include links to websites operated by third parties. We are not responsible for the content of those sites, and accept no responsibility for them or any loss or damage that may arise from your use of them. The links to third party websites from this website do not imply any responsibility for, or endorsement of, the content, opinions, representations, products or services provided on those sites. You are responsible for complying with the terms of use of any linked third party websites.
Termination
If you do not comply with these Online Terms and Conditions when accessing or otherwise using this website, we have the right to suspend your access to the website temporarily or permanently without notice to you. We may also stop operating the website entirely.
Sales in South Africa only
We are currently only able to deliver products available on this website to users with a valid delivery address in South Africa. If users place an order on this website without a valid delivery address in South Africa, we will be unable to complete delivery and will refund you for the full amount of your order. Products sold through this website are intended for use only in South Africa.
Age
By using this website, you are representing that you are above the age of 18 years. By law we may not sell alcoholic products to persons under the age of 18. If we have reason to believe an order has been placed by a customer under the age of 18, we will cancel the order and refund any payment. We accept no liability for sales made to customers who have misrepresented their age.
Billing and personal information
In order to buy goods and services through this website, you will need to register an online customer account. For this purpose you will need to provide us with certain personal information and billing information that will enable us to charge you for your purchases (such as your credit or debit card details). You must provide accurate and complete registration information when you register your online customer account. You must ensure that your registration information is kept up-to-date. This information will be used and retained in accordance with our Privacy Policy, which can be accessed at http://www.truevineswines.co.za/buy-now#privacy-policy, and which forms part of these Online Terms and Conditions. By using this website, you accept that transactions that are performed over the Internet may be vulnerable to being intercepted. We will not be liable for any interception that occurs and any loss that is suffered as a result, where we have taken reasonable steps to prevent this happening.
When you set up your online customer account you will choose a user name and password. You will have to use these details to login to your account. You are responsible for keeping these details confidential. You must notify us immediately if there is any unauthorised use of or access to your online customer account. We will not be responsible for any unauthorised use of your user name and password or for any losses that you suffer as a result and you will be responsible for any purchases made using your online customer account, where you have failed to keep your user name and password secure and confidential. You may be held responsible for any losses suffered by us or any other user of this website as a result of your failure to keep your user name and password secure and confidential.
Order process
When you place an order for a product on this website, your order will be subject to product availability. If, after you place your order, there is insufficient stock to fulfil your order, we have the right to cancel your order or any part of your order and refund the purchase price, or, with your agreement, offer you a substitute product. In the event of a refund, we will refund the purchase price based on the original payment method (e.g., to your credit or debit card or bank account) or issue store credit, based on your choice, and will notify you, as soon as possible, that there is insufficient stock to fulfil your order. If we are unable to supply each and every item ordered or in the quantities ordered, you nevertheless agree to accept delivery and make payment for the items that are delivered to you.
Before the transaction is completed, you will have the opportunity to review, correct and/or withdraw your order that is to be placed through this website. If you discover that you have made a mistake with your order after you have submitted it to this website, please contact service@shop.truevineswines.co.za immediately. However, we cannot guarantee that we will be able to amend your order in accordance with your instruction. Once your order has been placed online, you will receive an email confirmation of your order. Your offer to purchase products through this website will be deemed to be accepted once you have received this confirmation of your order.
Delivery Policy
Our Delivery Policy can be accessed at http://www.truevineswines.co.za/buy-now#delivery-details and is incorporated by reference into these Online Terms and Conditions. If there is any conflict between these Online Terms and Conditions and the Delivery Policy, these Online Terms and Conditions will apply in respect of all products sold through this website.
Returns Policy
Our Returns Policy can be accessed at http://www.truevineswines.co.za/buy-now#returns and is incorporated by reference into these Online Terms and Conditions. If there is any conflict between these Online Terms and Conditions and the Returns Policy, these Online Terms and Conditions will apply in respect of all products sold through this website.
Promotional coupons
From time to time, Truevines Wines may release, at our sole discretion, promotional coupons that may be redeemed though purchases on this website. Promotional coupons are only valid for a specified period, as stated on the promotional coupon, can only be redeemed against certain priced products on this website, and cannot be used in conjunction with any other promotional coupons. To redeem promotional coupons in your account or to check an existing credit, please visit “My Account” on this website.
To the extent that you place an order for a product less than the value of the promotional coupon, no refund or residual credit will be returned to you. You also agree and accept that the credit of a promotional coupon does not accrue interest and does not have a cash value. If the credit of a promotional coupon is insufficient for a particular order that you have placed, you will be required to pay the remaining amount.
We will not be liable for any loss, theft or illegibility of any promotional coupon, or for any errors in the email address of the voucher recipient. In the event of fraud, an attempt at deception, or in the event of the suspicion of other illegal activities in connection with a promotional coupon purchase, we will be entitled to close your account and/or require a different means of payment.
General
We may make changes to these Online Terms and Conditions from time to time, and will give existing customers reasonable notice of any material changes. By continuing to use this website, you accept the version of the Online Terms and Conditions current at the time of your use. We recommend that you check this page for updates from time to time. These Online Terms and Conditions are governed by the laws of South Africa, regardless of conflict of laws principles.
If any part of these Online Terms and Conditions is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
Record of your transaction
If you need to obtain a sales record of your transaction to buy products through this website, you can contact us within 30 days of the transaction. Alternatively, a full record of every sale and related transaction will be maintained on this website for a period of 12 months following the date of the purchase. You will be able to view and print these records of your transaction during this period, after which time, you will be responsible for retaining your own record of the relevant transaction.
Complaints and notices
We place great value on customer satisfaction. Questions, complaints or comments should be sent by email to service@shop.truevineswines.co.za. We will attempt to address your concerns as soon as reasonably possible and will contact you on receipt of any relevant enquiry or complaint. In the event of a complaint, it will help us if you can describe the object of your complaint as accurately as possible and, where applicable, send us copies of your order or the order number that we assign you. Should you not have received any reaction from us within five business days, please make further enquiries. In rare cases, your emails may have been caught up in our spam filters or not reached us, or correspondence that we send to you may otherwise not have reached you.
Any legal notices that you give us under this contract must be sent by registered post to 27 Sunset Close, Berger Street,Vorna Valley, Midrand, 1689 with a copy to service@shop.truevineswines.co.za. Where we need to give you any notice as provided for in this contract or provide additional information about the products and services supplied to you, we will do so by sending you an email or posting a notice on this website. You consent to us providing you with notices or information in this way.
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.
What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number, Date of Birth or other details to help you with your experience.
When do we collect information?
We collect information from you when you subscribe to a newsletter, fill out a form or enter information on our site.
How do we use your information?
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
- To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.
- To allow us to better service you in responding to your customer service requests.
- To send periodic emails regarding your order or other products and services.
How do we protect visitor information?
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning. (what can we use for ours?)
Do we use ‘cookies’?
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
We use cookies to:
Understand and save user’s preferences for future visits.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies off, some features will be disabled It won’t affect the users experience that make your site experience more efficient and some of our services will not function properly.
However, you can still place orders.
Third Party Disclosure
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Third party links
Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.
Google, as a third party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on their visit to our site and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.
We have implemented the following:
Demographics and Interests Reporting
We along with third-party vendors, such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together
Store user information and to aid seamless user experience.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising initiative opt out page or permanently using the Google Analytics Opt Out Browser add on.
California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA we agree to the following:
Users can visit our site anonymously
Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.
Users will be notified of any privacy policy changes:
On our Privacy Policy PageUsers are able to change their personal information: By emailing us
How does our site handle do not track signals?
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?
It’s also important to note that we allow third party behavioral tracking
COPPA (Children Online Privacy Protection Act)
When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under 13.
Fair Information Practices
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify the users via in site notification within 1 business day
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
Send information, respond to inquiries, and/or other requests or questions.
Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be in accordance with CANSPAM we agree to the following:
NOT use false, or misleading subjects or email addresses
Identify the message as an advertisement in some reasonable way
Include the physical address of our business or site headquarters
Monitor third party email marketing services for compliance, if one is used.
Honor opt-out/unsubscribe requests quickly
Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can email us at
Follow the instructions at the bottom of each email.
and we will promptly remove you from ALL correspondence.
Contacting Us
If there are any questions regarding this privacy policy you may contact us using the information below.