AbuzzWine is an online wine retail and information service provided by Comsuite (Pty) Ltd.
Legal age and capacity
The age at which wines may be sold and delivered to persons is legislated in each country. In the Republic of South Africa, United Kingdom and the European Union wines may be sold and delivered only to persons who are at least 18 years of age. By ordering from abuzzWine you affirm that you are at least of the applicable legal age and that the person to whom your wine will be delivered is also of applicable legal age. When the wines are delivered, the person receiving delivery may be required to show identification proving that he or she is of applicable legal age.
Intellectual Property Rights
All the content on abuzzWine, including text, graphics, logos, icons, designs, colours, layout and trademarks are the intellectual property of Comsuite (Pty) Ltd and its associates or licensed to Comsuite and as such protected by South African and International Intellectual Property Law.
We shall take reasonable steps to protect your personal information. For the purposes of this policy "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000. We may electronically collect, store and use personal information with your consent (if you don't consent to this, please do not access or register on abuzzWine). This personal information includes, but is not limited to, the following:
· name and surname;
· age and/ or birthday;
· verification that you are of legal age;
· address and contact details including your
o email address;
o phone number/s;
o country of residence;
o area or postal code;
· browsing history;
· purchase history;
· non-personal browsing habits and click patterns;
We collect, store and use the personal information described in order to (but not limited to the following):
· enable you to make use of abuzzWine in the manner described on this website, from time to time;
· monitor, review, measure, and analyse application utilisation;
· modify and enhance the application or its content;
· monitor and improve our customer service efforts;
· communicate information to you regularly, for example through newsletters;
· register and/or authenticate users of and/or visitors to abuzzWine;
· identify and take reasonable measures to prevent fraudulent uses of or access to abuzzWine;
· compile and maintain abuzzWine and client database;
· compile non-personal statistical information about browsing habits, click patterns and access to abuzzWine;
· study general usage habits and demographic information for our own marketing research purposes;
· determine the effectiveness of special promotion and marketing programs;
· attract suppliers by showing anonymised information about the database, for example demographics;
· track client database size and growth; and
Your use of abuzzWine is entirely at your own risk. AbuzzWine is provided "as is". Although we take steps to verify information presented on or through abuzzWine, we do not represent or endorse the accuracy or reliability of any advice, opinion, statement, recommendation or other information contained in, displayed on, linked to or distributed through abuzzWine or the content other users may publish to abuzzWine.
You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions on abuzzWine without notice to you.
To the fullest extent permissible by law, we disclaim all warranties of any kind, whether express or implied.
Whilst we take reasonable precautions in our operation of abuzzWine, you agree that neither we or our associates shall be liable in respect of any loss, damage or damages however arising and whatever the cause, in particular pursuant to and in furtherance of this agreement, your access to abuzzWine or from your inability to access abuzzWine.
We will use reasonable endeavours to make abuzzWine available to you, and keep abuzzWine available to you at all times. However, you agree that we shall not be liable in respect of any loss or damage caused by or arising from the unavailability of, any interruption in, your access to abuzzWine (either in part or as a whole) for any reason whatsoever.
This Web site may contain content provided by third parties and hyperlinks to other sites. abuzzWine does not screen or filter such content or the other sites or information available from those other sites and therefore does not accept any liability for defamatory, illegal or criminal content contained on those sites. We encourage you to report any infringement, illegal or criminal content found on any of the sites available through links from abuzzWine in order to investigate whether such link should be removed.
If you are of the view that your rights have been infringed through the unlawful use of abuzzWine in any way whatsoever, you may address a complaint to us which satisfies the following requirements and/or contains the following information:
· the full names and address of the complainant;
· the written or electronic signature of the complainant;
· identification of the right that has allegedly been infringed;
· identification of the material or activity that is claimed to be the subject of unlawful activity;
· the remedial action required to be taken by the service provider in respect of the complaint;
· telephonic and electronic contact details, if any, of the complainant;
· a statement that the complainant is acting in good faith;
· a statement by the complainant that the information provided is to his or her knowledge true and correct.
Please address your notifications to:
We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from abuzzWine and/or suspension or termination of the offending registrant or third party.
Dealings With Third Parties
Links to and from abuzzWine from and to other websites belonging to or operated by 3rd parties ("hyperlinked websites") do not constitute our endorsement of such hyperlinked websites or their contents, nor do we necessarily associate ourselves with their owners or operators.
We have no control over hyperlinked websites and you agree that we are not responsible or liable for any content, information, goods or services available on or through any such hyperlinked websites or for any damage, damages or any other loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, information, goods or services available on or through any such hyperlinked websites.
You agree that where you access hyperlinked websites, you do so entirely at your own risk. Your interaction, correspondence or business dealings with 3rd parties which are referred to or linked from or to abuzzWine is similarly entirely at your own risk and are solely between you and such 3rd party including the acquisition, disposal, payment and delivery of any goods or services, and any terms, conditions, warranties or representations associated with such interaction, correspondence or business dealings.
This clause shall constitute your irrevocable consent to the arbitration proceedings, and you shall not be entitled to withdraw your consent or to claim that you are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.
Any award that may be made by the arbitrator -
· shall be final and binding;
· will be carried into effect; and
· may be made an order of any court to whose jurisdiction the parties to the dispute are subject.
Notwithstanding the foregoing, nothing in this clause shall be construed as precluding either party from applying to court for a temporary interdict or other relief of an urgent nature, pending the decision of the award of the arbitrator in terms of this clause. This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time.
Your Wine Shipment
Packages are generally dispatched within 2 days after receipt of payment. If you prefer express delivery, an additional cost will be applied, so please contact us before choosing this method.
Shipping fees include handling and packing fees as well as postage costs. Handling fees are fixed, whereas transport fees vary according to total weight of the shipment. We advise you to group your items in one order. We cannot group two distinct orders placed separately, and shipping fees will apply to each of them.
Boxes are amply sized and your items are well-protected.
Although we always strive to provide the perfect service, we understand that mistakes do occasionally happen. If we have provided you with items that are not identical to the ones you ordered, we will gladly exchange it or refund you for the relevant amount, less delivery charges and handling fees, provided the original order is returned to us complete, at your cost.
In certain instances, we may not be able to acquire the vintage you ordered, due to circumstances beyond our control. When this is the case, we will strive to convey the vintage change to you, and offer the currently available vintage.
Whilst we do our utmost to ensure the quality level of the wines that are sold through abuzzWine, we are unfortunately not in a position to refund or exchange wines that were not to your personal preference.
Please contact us, and we shall arrange collection from a convenient location. Returns collections carry a minimum charge of R140 (up to 12 bottles, depending on location), then R70 per 6 bottles thereafter. Collection will be arranged once payment has been received.
Refunds shall be considered only in the event of Force Majeure. In the event of a refund being necessary, a handling fee of 8% of the total invoice amount will be deducted from the refund, to cover transaction and handling costs.
We may monitor your communications
Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to abuzzWine and/or to our staff and/or employees. You agree and acknowledge that the consent you provide above satisfies the "writing" requirement specified in the ECT Act and in the RIC Act.
abuzzWine is created, maintained and controlled in the Republic of South Africa and as such the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use abuzzWine. Change to User Agreement
Comsuite reserves the right to make changes to abuzzWine and this user agreement at any time without notice.
Disclosures required by the ECT Act
In as far as transactions on abuzzWine are classified as "electronic transactions" in terms of the ECT Act, we disclose the following information in terms of Chapter VII of the ECT Act:
Our full name and legal status: Comsuite (Pty.) Ltd., a public company incorporated under the laws of the Republic of South Africa.
Company Registration number: 2008/013029/07
Liquor License: WCP/040155
Street address: Block B, Carpe Diem, Quantum Street, Technopark, Stellenbosch, South Africa, 7600
Postal address: P. O. Box 12594, Die Boord, 7613
Physical address for receipt of legal service: Block B, Carpe Diem, Quantum Street, Technopark, Stellenbosch, South Africa, 7600