These terms and conditions apply to any orders placed with Whalehaven Winery and its respective brands from the Bottega Family Wine Portfolio including: Whalehaven, Idiom and Enoteca Bottega.
Please read these terms and conditions carefully as they affect your legal rights and liabilities and sets out the terms under which Whalehaven Winery makes products available to you. If you do not accept these terms and conditions you may not purchase any products from Whalehaven Winery. By making any purchase on this website, you indicate your express agreement to be bound by these terms and conditions.
PRICING
In South Africa, all prices quoted include Value Added Tax (VAT), currently at 14%, but exclude delivery charges (where applicable) which are calculated at checkout. Prices quoted are per bottle or per case, as indicated. Whalehaven Winery reserves the right to vary prices of wines listed online at any time, without notice. The Vineyard Connection, a third-party wine delivery specialist in South Africa, manages international delivery costs to include taxes according to international specifications.
AVAILABILITY
All wines listed are subject to availability. In the unlikely event that a wine is not available, the Whalehaven Winery team will contact you to recommend alternatives at the same pricing. You are then entitled to accept the alternatives, accept the available items only, or cancel your order.
ACCEPTANCE
We will acknowledge your order via email. Our acknowledgement of the order constitutes legal acceptance of the order, at which point a binding contract of sale has been concluded and you will be charged for the order. We reserve the right to refuse any order at our discretion.
LEGAL AGE FOR ALCOHOL
We cannot sell wine to anyone under the age of 18 years in South Africa. Orders may not be transferred from you to any other person. In the USA, this is 21 years of age. We do not list all countries regulations, however in the case that a purchase is made illegally by a minor by that country's regulation, the Winery accepts no liability for individual misconduct. All goods must be signed for on delivery by an adult aged 18 years or over. If no one of that age is at the address when the delivery is attempted the goods will be retained by the courier, in which case notification of the attempted delivery will be given. The courier service will subsequently arrange a suitable time for delivery, will return later or on the following working day. Although in most cases this will not incur an additional fee, should the delivery service in that country incur a cost for returning on the next day due to the buyer or someone of age not being present, this additional delivery fee will be at the buyers cost.
DELIVERY
Subject to availability and receipt of payment, delivery will be made to the address specified by you during checkout. Should the address be incorrect, the Winery bears no responsibility for failure of delivery and the buyer will bear the costs of redelivery. Usually this may be a nominal local cost as the wine would then be in the country stipulated. Wines in stock are delivered in South Africa usually within 3-18 days depending on the distance. For overseas deliveries to Europe and in the States, delivery can take up to 3-4 working weeks. The delivery of wines from Whalehaven Winery is subcontracted on international deliveries to The Vineyard Connection. We will not be liable for any loss occasioned by any delay in the delivery of any order.
ADDITIONAL INTERNATIONAL COSTS
Please note that all international deliveries are subject to the import and custom laws, which are levied once a shipment reaches your country. Generally these are included in the cost as we use the Vineyard Connection who have automatically calculated the costs for delivery. In most cases the final cost inclusive of delivery internationally is the total cost. However if in the unlikely event, there are any additional charges for customs clearance these must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country; you should contact your local customs office for further information. Whalehaven Winery can not be held responsible if a parcel or item is detained or confiscated due to any reason.
CANCELLATION
An order is considered cancelled once you have notified Whalehaven Winery and have received our confirmation. Cancellation of in-stock items is only possible if the stock has not left our winery or warehouses. We act with speed to get your wine to you as soon as possible, so on local and international delivery cancellations should take place within the first 24 hours; however should the stock have left the Winery or our warehouses, cancellation of the order is not possible. Orders may be cancelled by calling Whalehaven Winery on 0283161633.
PAYMENT
Payment is through VCS and may be made via any Visa or Master Card.
CREDIT CARD SECURITY
Credit card transactions will be acquired for Whalehaven Winery by VCS. Users may visit www.vcs.co.za to view the relevant security certificate and policy. Customer details will be stored by Whalehaven Winery separately from card details which are entered by the client on VCS secure site.
TRANSACTION CURRENCY
The transaction Currency is ZAR (South African Rand) as the merchant country is the Republic of South Africa.
DISCLAIMER & LIABILITY
However, whilst we take every precaution to check our data about these wines, the quality of our products and the delivery suppliers we work with, we need to safeguard ourselves against any errors. Whalehaven Winery cannot act as a warranty as to the accuracy/reliability of the information shared on this site and hence absolves itself and refuses any liability for any direct/indirect loss or damages that may result from a site visitor relying on information in this site or failure by any of the delivery suppliers we may work with.
Whalehaven Winery's liability to you in connection with or arising from any order will be limited to a maximum of the price charged for the relevant items and our delivery charges arising from the order.
RETURNS
Whalehaven Winery guarantees the quality of all products supplied, and your satisfaction is our foremost priority. If for any reason you are dissatisfied with your order, please contact us and return the items at your cost within fourteen (14) days of delivery of your order. If we find that the items were faulty in any respect when delivered to you, we will refund you the price of the items as well as the cost of delivery and return of the items, within thirty (30) days of our receipt of the returned items.
REFUNDS
Where there has been an error in payment and you have paid by credit card, we will process any refund to the credit card used for the purchase, as long as the order has not left the winery. In any other case, we will refund you by cheque or EFT transfer.
INTELLECTUAL COPYRIGHT
Whalehaven Winery owns the visual and name property rights of the 3 brands: Whalehaven,Idiom and Enoteca Bottega and the Bottega Family Wine Portfolio brand name. Any unlawful utilization of this or breach of copyright will be followed up under the full force of international copyright law.
PRESS IMAGES USAGE
Whalehaven Winery has the right to retract this usage if it in any way harms the winery or its brands. Photographs of wines and images from the winery can be used for press downloads. Should you need any further images of the wines, please do not hesitate to contact us directly on wine@whalehaven.co.za.
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