1. GENERAL TERMS
• Who owns this website?
The Louis57 Online website at www.louis57online.com is owned and operated by Merchandise na Major Golf – Mossel Bay (Pty) Ltd , registered in the Republic of South Africa under registration number 2012/068297/07.
All rights and/or defences afforded to us in these Terms shall stand to the benefit Merchandise na Major Golf – Mossel Bay (Pty) Ltd also trading as Louis 57 Wines.
•Terms and conditions apply
These Terms apply to your use of this website. By using this website, you acknowledge that you have read and understood these Terms and agree to be bound by them. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. Please do not use our website if you do not agree to be bound by these Terms.
Online purchases from our website are subject to these Terms. Certain additional Terms below apply specifically to online purchases.
•Amended or updated terms
We may periodically update or change the Terms without notice. You should check them from time to time, as your continued use of our website will mean you accept any updated or revised Terms.
•Law & arbitration
This agreement is governed by the laws of the Republic of South Africa. Any dispute arising in relation to our agreement with you shall, to the extent permitted by law, be referred to arbitration in Cape Town at a venue to be determined by us applying the Uniform Rules of the High Court of South Africa.
• Use of our website
You are welcome to browse or use our website for your own personal, non-commercial shopping and information purposes only. No other use is permitted without our prior written consent. The unauthorised use, copying, reproduction, variation, modification or distribution of the content of this website, the uploading of any unlawful or damaging information or viral software, or the creation of any links to our website from any other site whatsoever, is strictly prohibited. You agree to indemnify us against any loss, damage, harm, claim or any other cost whatsoever that we may sustain as a result of your use of our website and/or its contents contrary to these Terms.
We reserve the right to suspend our website or any part thereof or terminate your account at any time if we, in our sole discretion, determine that you are not using the website in compliance with these Terms or if we believe the information provided by you is untrue, inaccurate or incomplete.
Any indulgence of extension of time granted to you shall not be construed as a waiver or variation of any of our rights or remedies in these Terms or law.
• Use of our website outside South Africa
Customers who are not resident in South Africa are welcome to use our website in accordance with these Terms to make online purchases. Customers who have a delivery address outside the borders of South Africa will be provided with an invoice that includes a delivery fee and only once full payment for the products and delivery fee has been paid in full, will the products be shipped to the stipulated delivery address.
To receive our newsletter and other marketing material please register for newsletter. You are free to opt out of receiving our marketing material at any stage. It may take some time for your profile to be updated.
Your privacy is very important to us and therefore any information that you upload on our website including any payment card information will be stored on a secure server. Our secure server encrypts your identity number and payment card details in order to minimise the risk of unauthorised disclosure or interception. Our website makes use of ‘cookies’ which collect data about the device that you use to access our website. The cookies minimise the possibility of unauthorised access to, and disclosure of, your personal information. We will not disclose, sell or rent your personal information to third parties without your consent unless we are compelled to do so by law. We may do so if you have granted consent thereto.
Whilst all reasonable efforts are taken to ensure that your personal information and/or credit card details are protected as they travel over the internet, we cannot guarantee the absolute security of any information you exchange with us.
•Accuracy of website content
All reasonable steps are taken to ensure that the information on our website is accurate and up-to-date. We do not, however, warrant that the content or information displayed is always accurate, complete and/or current.
Any comments uploaded by our users or any authorised experts invited as our guests are their opinions alone and do not in any way represent our views, opinions, beliefs or values.
• Your comments
We value your comments, ideas, suggestions and feedback ("your Comments") via our website. We will not respond to, maintain or compensate you in any way whatsoever for your Comments. Once received, your Comments will become our property and we will not be limited in any way in the use, commercial or otherwise, of any of your Comments.
You warrant that your Comments do not and will not violate the right(s) of any third party, including copyright, trademark, privacy or any other personal or proprietary right. You agree not to disclose, submit or offer any Comments that are or contain any defamatory, unlawful, abusive or obscene material. We disclaim any liability towards any third party regarding your Comments and you shall remain accountable towards any third party regarding any harm caused by your Comments.
• Intellectual Property
All rights, including copyright, trade mark and other intellectual property rights embodied in any logos, text, images, video, audio or other material on this website are owned by or licensed to us. All data and information communicated to or from the website incluing its database also belongs solely to us or our licensors. You agree to sign all documents as we may reasonably require in order to assign any rights that you may acquire in the content of our website. You agree also to waive any moral rights in such content. You are permitted to view, print or store electronically a copy of any information on our website, including these Terms, solely for your personal, lawful, non-commercial use. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
• Use of our logos, content and images
You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our or our licensors’ intellectual property rights.
• Advertising and hyperlinks
External hyperlinks may appear on our website. The hyperlinks may not be construed to constitute any relationship between us and any linked third party or any endorsement by us of such third party, and use of or reliance on any external links provided is at your own risk. Advertising and other promotional material of third parties may appear on our website from time to time. We do not endorse such third parties or their products and/or services. Your reliance on any information contained in such material is entirely at your own risk.
• Disclaimers and Exclusions of Liability
Use of our website is entirely at your own risk. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the website will be uninterrupted or error free, or that the website or the server that makes it available are free from viruses or other harmful components. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special or consequential loss or damage of any kind whatsoever or howsoever caused arising from the access or use of our website or the purchase of any of our products or services. You agree, to the extent permitted by law, to indemnify us against any loss or damage suffered or liability incurred by reason of any act or omission on your part or that of any third party acting on your behalf in connection with your use of our website and/or your purchase of any products or services. Notwithstanding any other provisions contained herein, our liability arising from any breach of these Terms, negligence or otherwise shall not at any time exceed more than double the monetary value of any order placed via this website.
2. ONLINE SHOPPING TERMS
These online shopping terms and conditions apply to all purchases ordered online at www.louis57online.com Please read them carefully and print a copy for future reference.
You are required to register with us before placing your first order online. Please click on Register to complete the registration form. Registration and/or use of our online shopping website constitute your acceptance and agreement to be bound by the Terms of our website, including the additional online shopping terms below.
• Online Registration
Registration on our online shopping site is conditional upon your specified delivery address being within certain specified areas. If your delivery address is not in an area where we deliver, your registration will not be completed. After you have registered, should you change your delivery address to an address which is not in an area where deliver your order will not be accepted. To register you will be required to provide certain information including personal details, and your delivery address. Please keep your password private. The Louis 57 Online Shop (Merchandise na Major Golf – Mossel Bay (Pty) Ltd) accepts no liability for any damages suffered or losses incurred from the use or misuse of your password. You will be required to enter your email adress and password for our site each time you visit our online shopping site. To amend any registration particulars please go to My Account and edit your details.
•Product Sales and Availability
All products displayed on our website are subject to availability and can be delivered within the Republic of South Africaor internationally. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.
We have made every effort to display as accurately as possible the colours of the products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate.
• Content Errors
We regret that no order will be accepted if we identify a material error in the description of any of our goods or services or their prices on our website. Packaging may vary from that shown on our website.
•No alcohol for sale to persons under 18 years
Alcohol can only be purchased by customers who are 18 years or older.
You will be charged the prices as they are reflected on the Products in store at the point of sale, subject to availability. Certain of the Products are variable/random mass items. Whilst the average mass of the Product is indicated on the Online Shopping Site as a guide to the cost, the actual Product delivered to you may weigh slightly more or less than the average mass indicated. You will be charged the actual amount due in respect of the specific Product delivered to you. Special promotions may be subject to certain conditions, including stock availability and limited offer stipulations.
A delivery fee will be charged for each order placed by you.
• Methods of Payment
We will debit the total value of your online order against the payment card tendered by you during the check out process. Alternatively if you have chosen EFT as your payment option your order will only be processed when the total value of your online order have reflected on our bank statement as paid. We cannot ship before we have not received your payment.
By submitting your order you warrant that you are over the age of 18 (eighteen), are authorised to make payment with the payment card and that there are sufficient funds available to pay for the order.
• Stock Availability
The Louis 57 Online Shop cannot always guarantee availability of stock and will endeavour to deliver a substitute line where possible.
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 correctly delivered.
• Confirmation of Orders
Orders placed online constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order. Failure by us to formally confirm or notify acceptance shall not affect the validity of the sale or the enforceability thereof.
The Louis 57 Merchandise Shop uses a contracted delivery company. Deliveries are effected on the next working day following the confirmation of the full payment for your order unless you have chosen to accept delivery at a later date.
The sale and delivery of products are subject to national and regional statutory regulations. Accordingly we may not accept orders for delivery of liquor where this is prohibited. Delivery slots where delivery of liquor is prohibited are indicated as such on the checkout page. Alcohol purchases will require proof of age on delivery. Failure to supply such proof will render the sale null and void.
We only deliver to registered customers within certain specified delivery areas. On delivery of the order to the specified delivery address, you will receive our delivery note showing the items delivered, any substitute items, any non-available items, the delivery fees, Value-Added Tax and the amount debited from your payment card. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. Any person other than yourself who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf. Should no-one be in attendance at the time of delivery, the driver will keep the products and leave a notice at the delivery address to this effect. The driver will attempt to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required in the circumstances. Our liability for failing to deliver the products timeously is limited to delivery being effected at a later agreed time at no additional charge. Please arrange that you or your authorised representative is available to accept your purchases at the delivery address and that appropriate access will be made available. On delivery, we will require you or your authorised representative to sign and print your or their name on a duplicate copy of the delivery note, to confirm receipt. We have outsourced all delivery and collection arrangements. Accordingly, we cannot, to the extent permitted by law, be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.
• Delivery Cost and Free Shipping
Free shipping is applicable in the following scenarios:
Total order = R2500 or more
18 + bottles of wine means no additional fee on the wine delivery portion. However if the total order does not exceed R2500 a delivery fee will still apply on other products purchased.
72+ bottles of Louis 57 Lager means no additional fee applies on the beer delivery portion. However if the total order does not exceed R2500 a delivery fee will still apply on other products purchased.
•Refunds and Returns Policy
Unfortunatly we cannot do returns on products purchased.
Cancellations of orders can only be done before stock has been ordered from suppliers. Please note that you will be held liable for any costs invloved for ordering of products. Please contact us as soon as possible if you want to cancell your order so that we can deterimne the phase of your order and advise you on the options and costs invloved.
• Risk and Ownership
Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership in the products until payment has been received in full.