⚠ DRAFT — PENDING LEGAL REVIEW
This page has not yet been reviewed by WineTrader’s attorney.
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📋 Open items for legal review — delete this block before publish
- Confirm company registration number and registered address for the preamble.
- Confirm whether the CPA applies (most B2B sales above the threshold are exempt — attorney to confirm).
- Decide whether the 2%/month interest and attorney-and-client costs clauses should be softened for a public-facing page, or left in the signed contract only.
- Build and link a standalone Privacy Policy (POPIA-compliant) — referenced in clause 9.
- Confirm Vinlab as the named default laboratory, or reword as “as agreed”.
- Attorney to confirm the non-circumvention clause (cl. 27) is enforceable as worded and appropriate to state publicly.
Terms & Conditions
WineTrader (Pty) Ltd
[Reg. no. TO CONFIRM] · VAT 4440290569
Unit 7D, Carpe Diem Building, 26 Quantum Street, Stellenbosch, 7600
[email protected] · Cape Winelands, South Africa
Last updated: [DD/MM/YYYY]
[Reg. no. TO CONFIRM] · VAT 4440290569
Unit 7D, Carpe Diem Building, 26 Quantum Street, Stellenbosch, 7600
[email protected] · Cape Winelands, South Africa
Last updated: [DD/MM/YYYY]
These Terms govern your use of winetrader.co.za and the basis on which WineTrader (Pty) Ltd (“WineTrader”, “we”, “us”) trades with you. By using this site or transacting with us, you agree to them. Where we conclude a written contract of sale for a specific transaction, that contract and these Standard Trading Terms apply together; if they conflict, the signed contract of sale prevails for that transaction.
Part A — Website Terms of Use
- The site is informational. winetrader.co.za describes our services and lets you start a conversation. Nothing on it is an offer capable of acceptance, a price quote, or a warranty. Every transaction is governed by a separate written contract of sale.
- Accuracy. We keep the site current, but capabilities, markets and availability change. Confirm anything you intend to rely on directly with us before acting on it.
- Intellectual property. The WineTrader name, logo, copy, design system and imagery are our property and may not be copied or reused without written consent.
- Acceptable use. Do not scrape, harvest contact details, attempt to disrupt the site, or use it for anything unlawful.
- Third-party links. Links we provide (including to our retail arm, Vinty) are for convenience; we are not responsible for third-party content.
- No liability for site use. To the extent the law allows, we are not liable for any loss arising from use of, or reliance on, the site.
Part B — Privacy & POPIA
- We process personal information in line with the Protection of Personal Information Act, 2013. Enquiry details (name, company, contact details, message) are used only to respond to and service your enquiry.
- Credit checks. Where we extend credit terms, you authorise WineTrader, or any party it appoints, to conduct a credit check on you and your business.
- Full detail is in our Privacy Policy.
Part C — Standard Trading Terms (every sale)
These terms apply to each contract of sale of wine concluded between WineTrader (as seller or appointed broker) and the buyer, save where the signed contract of sale states otherwise.
- Delivery & risk. Delivery takes place at the premises of the buyer, as agreed between the parties from time to time. All risk and responsibility passes to the buyer on delivery, unless otherwise agreed in writing by both parties.
- Removal. The buyer must remove the wine by the date agreed in the contract of sale.
- Condition & specification. The wine is supplied in the condition, stage or state stated in the contract of sale (e.g. finished).
- Analysis. We provide the buyer with an analysis of the wine, which must be consistent with any analysis the buyer supplied to us. Both parties’ analyses are performed by the same accredited laboratory (Vinlab, or as agreed).
- Payment terms. Payment is due 60 (sixty) days after removal, or as stated in the contract of sale.
- Deposit. No deposit is required unless we specify one.
- Overdue interest. Interest accrues at 2% per month on any overdue balance, calculated weekly in advance. Payments are applied first to interest, then to capital.
- Retention of title. The wine remains our property until paid in full.
- Security. We may, at our discretion, require the buyer to provide security while any portion of the price remains unpaid.
- Inclusions. The price includes only the items and services listed and agreed by the parties.
- Transfer under bond. Where applicable, we issue a SAWIS 6 form to transfer wine under bond from our bond store to the buyer’s bond store.
- Termination. A contract of sale may be terminated only by mutual written consent.
- Breach. If a party breaches and fails to remedy within 7 (seven) days of written notice (or such longer period as is reasonable), the aggrieved party may cancel and/or claim immediate payment, specific performance and damages.
- No waiver. Any indulgence granted is not a waiver of rights.
- Whole agreement. The signed contract of sale, read with these terms, is the sole record of the agreement. No representation, warranty or term not recorded binds us, and no variation is effective unless in writing and signed by both parties. The contra proferentem rule does not apply.
- Domicilium & notices. The parties choose their physical addresses as domicilium citandi et executandi. Notices are deemed received: by hand, on delivery; by registered post, on the 4th day; by email, on date of despatch.
- Jurisdiction & costs. The buyer consents to the jurisdiction of the Magistrate’s Court even where the amount exceeds its jurisdiction, and undertakes to pay legal costs on the attorney-and-client scale, including collection and tracing fees.
- Non-circumvention. For the term of any agreement and for 2 (two) years thereafter, the buyer will not directly or indirectly transact with any party introduced by WineTrader without WineTrader’s written consent.
Part D — General
- Governing law. These Terms are governed by the laws of the Republic of South Africa.
- Changes. We may update these Terms; the version on this page at the time of your transaction or visit applies.
- Contact. Questions about these Terms: [email protected].
