These terms and conditions govern the use of the website and are binding and enforceable against every person that access or use this website in respect of any of the links referred to above. By using this site, users acknowledge that they have read and understood and agree to be bound to these Terms and Conditions.
Users acknowledge and agree that the list of products may be updated/amended by Ayama Wines at any time in its sole discretion and further that ordering, sale and delivery of products are governed by these Terms and Conditions.
Any users who do not accept these Terms and Conditions may not use this website in any manner whatsoever including, but not limited to, placing orders for any of our products.
By using this website, users agree:
-not to use in any way device, software or other instrument to interfere or attempt to interfere with the proper working of the website
-not to use in any way any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the website or the information contained herein
-not to use the website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful
-not to display, publish, copy, print, post or otherwise use the website and/or the information contained herein in any way without the express prior written consent of Ayama Wines.
-No products consisting of wine or wine related products will be sold to any person under the age of 18 years and, in addition, any person receiving delivery of such wine related products may be required to show identification proving that he or she is of applicable legal age.
ORDERS AND AGREEMENTS OF SALE
-Users may place orders for products by using the “add to cart” link on the website.
-Such order shall constitute your (the customer’s) offer to purchase the products selected subject to the terms and conditions referred to below.
Such an order shall be complete on confirmation of receipt of payment by Ayama when: -a credit card authorisation is received from the issuing bank; or
-the exact amount has been received in our bank account via electronic funds transfer (“EFT”) within 5 days of placing the order.
Ayama reserves the right to:
-refuse or accept any order without giving any reasons; and/or
-cancel orders in whole or in part as circumstances dictate.
-In either event, Ayama shall not be liable for any losses or damages suffered by the Customer as a result of such refusal or cancellation and shall only be liable to refund monies already paid by the customer.
-Ayama shall take all reasonable efforts to maintain correct prices on the website. However, should errors occur and items are offered at incorrect prices, Ayama shall not be obliged to sell products at such incorrect prices and Ayama’s liability shall be limited to a refund of monies already paid by the customer.
-All prices quoted on the Website are in South African Rand (ZAR), and include Value-Added Tax (VAT). Prices quoted are per bottle or per case, as indicated.
-All prices posted on the Website are exclusive of delivery costs, and delivery costs will be stated separately in our confirmation of your order which may vary daily and for each order.
-Payment is accepted via credit card (Visa, Master Card) or by EFT to our nominated bank account.
-Snapscan is verified as a method of payment for this site. Their terms and conditions can be found at, www.snapscan.co.za/index.html
-Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of the payment. Ayama may reject any order in respect of which the required information is not provided.
CREDIT CARD SECURITY AND PRIVACY
-Credit card transactions will be acquired for Ayama by PayGate (Pty) Ltd (“PayGate”). PayGate uses the strictest encryption; go to https://www.paygate.co.za/ to view their security certificate and security policy.
-No credit card details are stored on the website and will be kept separate from other Customer information.
-Orders may be cancelled within 24 hours of placing the order by completing the cancellation form found on our website or emailing us at firstname.lastname@example.org or calling us on 021 869 8313.
-An order is cancelled once you have notified Ayama in writing or by telephone in accordance with clause above and have received our confirmation of receipt of your cancellation notice.
-If you have already paid for your order and have not yet received an email notifying that your order has already been shipped, you will be refunded in full.
-If you have already paid for your order and have also received an email notifying you that your order has already been shipped, then we reserve the right to charge a deduction rate equal to 10% of the purchase price for administration expenses.
-Ayama reserves the right to debit your payment card for the delivery fees in respect of any late cancellations, in addition to the administration charge referred to above.
-Delivery of Products as per confirmed orders will be made to the nominated address set out on your order.
-Delivery usually takes place within 10 working days from confirmation of payment or such other period as stipulated in our confirmation email.
-All deliveries made will be by courier directly to your nominated address unless otherwise stated in our confirmation of order.
– On delivery to your nominated address you shall be entitled to examine the products for the purpose of ascertaining whether you are satisfied that the products are of the type and quality reasonably contemplated on placing your order and complies with the description provided therefore on the website.
– If the delivery contains a larger quantity of products than was ordered, or consist of some of the products ordered together with products not ordered, you may reject delivery of all products, or accept the delivery of all products and pay the purchase price for the additional/incorrect products or accept delivery of the correct products and reject the incorrect products.
-All products delivered must, if accepted by you, be signed for by you on delivery. If no one is available at the nominated address when delivery is attempted, the products will be retained by the courier, in which case notification of the attempted delivery will be given. Should the products ordered be returned to our premises, any further delivery attempts will also be at your cost.
– Ayama 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 products ordered after delivery has been made to your nominated delivery address.
-Products are only insured by us up to the point of delivery.
-Your satisfaction is our main priority. If, for any reason, you are dissatisfied with the delivery of Products, please contact us and return the products at your cost within 10 days of delivery of your order.
-If the products were defective or does not comply with the description thereof 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 within 30 days from receipt of returned products.
– Unfortunately, any instance where the products do not meet personal preference will not be regarded as “defective” products and Ayama cannot replace/refund you in such instance.
-You are more than welcome to contact us for any advice on wine selection prior to purchase.
-All the products displayed on the website are subject to availability.
-Special promotions may be subject to certain conditions, including availability and limited offer stipulations.
-Ayama reserves the right to discontinue, or change, the specifications of our 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.
VOUCHERS AND COUPONS
-Ayama may, from time to time, make physical or electronic gift vouchers or promotional coupons or discounts available for use on the website towards the purchase of products.
-The use of such Vouchers and Coupons shall be subject to the vouchers and coupons Terms and Conditions, also available on our website.
-The use of this website is entirely at your own risk.
-To the extent permissible pursuant to applicable law, Ayama disclaim all warranties of any kind, either express or implied, including but not limited to fitness of our products for a particular purpose. No oral or written information provided by us shall create a warranty, nor shall you rely on any such information or advice.
-Whilst Ayama takes reasonable measures to ensure that the content of the website is accurate and complete, Ayama makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the website or as to the accuracy, completeness or reliability of any information on the website.
-Although Products sold from the website may, under certain specifically defined circumstances, be under warranty, the website itself and all information provided on the website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
CHANGES TO THESE TERMS AND CONDITIONS
Ayama 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 Ayama may subsequently make to these Terms and Conditions.
OWNERSHIP AND COPYRIGHT
-The contents of the website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The website content is the property of Ayama, its advertisers and/or sponsors and/or is licensed to Ayama.
-Users will not acquire any right, title or interest in or to the website or the website content.
LIMITATION OF LIABILITY
-Ayama shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third-party website.
-You hereby indemnify Ayama against any loss, claim or damage which may be suffered by yourself or any third party arising in any way from your use of this website.
AVAILABILITY AND TERMINATION
-Ayama will use reasonable endeavours to maintain the availability of the website, except during scheduled maintenance periods, and are entitled to discontinue providing the website or any part thereof with or without notice to you.
-Ayama may in its sole discretion terminate, suspend and modify this website, with or without notice to you. You agree that Ayama will not be liable to you in the event that it chooses to suspend, modify or terminate this website other than for processing any orders made by you prior to such time, to the extent possible.