Terms and conditions

Privacy Policy and Terms & Conditions: updated 25 August 2021

Your privacy is important to us, and we are committed to protecting your personal information. This Privacy Policy explains how we use and protect the information that you provide to us through your use of the website. If you have any requests or queries regarding our use of your information, please contact marketing@mischaestate.com.

Our Privacy Policy applies to any person who accesses our website or purchases products from our website through any digital device.

This Privacy Policy does not extend or apply to other parties’ sites or services, or links accessed through our website.

Personal information relates to information of an identifiable, living, natural person, and where applicable, an identifiable, existing juristic person. This information can include, but is not limited to: your name, surname, gender, age, date of birth, contact details, physical address, business address and any other online identifiers.

Your personal information will not be disclosed for commercial gain or otherwise. This Privacy Policy sets out how we process your personal information. Your consent is required before we disclose your personal information to any third party for any other purpose.

Statistical data provided to any third party will not contain any personal information that could identify the data subject, this includes any personal information we use in an aggregated manner, i.e. statistical data, research or profiling.

We collect personal information from you that you actively provide to us, and passively from the device you use to access our website or from social networking sites (subject to your privacy settings).

  • Active collection

When you access our Online Cellar, you are required to provide information about yourself. Similarly, when you purchase a product on our website, you are also required to provide information about yourself in order to complete the purchasing process. You may only provide this information directly via a form during check out. Only the following information is compulsory, your name, surname, email address, delivery address and country you are living in. We will use your information to provide and personalise our service, and we may use your contact details to communicate with you.

You may only purchase a product if all information is provided by you. Only upon your consent, by signing up for our newsletter, will you receive direct marketing or promotional news about Mischa Estate Wines, its services and offerings. You have the right to opt-out of marketing information by unsubscribing or contacting us.

If you or your agency is listed on the website with your consent, please note that the Mischa Estate Wines Privacy Policy extends only as far as the website. Your own site will also need to adhere to the POPI Act.

We will not sell or distribute the information that you provide us when making a purchase (except if required by law or the information is transferred to our successor in title). We may use and disclose information in aggregate (meaning that no individual customer can be identified) for marketing and strategic development purposes.

  • Passive collection from your device

You are able to visit the Mischa Estate website without revealing to us who you are or any information about yourself. Our web servers (and any other third party we authorise) may however collect information, which may include information about the number of visits, the pages views, the website page you came from and the website page you go to, your IP address, the browser language and type, and time of access.  We use this information in order to improve our site and the services to our customers.

When you visit our website for the first time, we will show you a pop-up with an explanation about cookies and a link to our Cookie Policy. You consent to us using the categories of cookies and plugins when you click on “Accept cookies”. You can disable the use of cookies via your browser, but please note that our website may no longer work properly.

We do not collect any information from cookies for marketing or advertising purposes.

Compulsory personal information is required upon completing a purchase on the mischaestate.com platform: your name, surname, email address, delivery address and country you are currently living in.

We retain all personal information which you provided to us. If you have previously purchased one of our products on this site:

–       you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us.

–       You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.  We also have the right to retain information until all disputes between us are finalised, and we may also retain your information if we suspect fraudulent activity.

As long as you continue to access our site, and for five years thereafter, we may keep all retained information.

You have the following rights with respect to your personal data:

  • You have the right to know why your personal data is needed, what will happen to it, and how long it will be retained for.
  • Right of access: You have the right to access your personal data that is known to us.
  • Right to rectification: You have the right to supplement, correct, have deleted or blocked your personal data whenever you wish.
  • If you give us your consent to process your data, you have the right to revoke that consent and to have your personal data deleted.
  • Right to transfer your data: You have the right to request all your personal data from the controller and transfer it in its entirety to another controller.
  • Right to object: You may object to the processing of your data. We comply with this, unless there are justified grounds for processing.

To exercise these rights, please contact us on marketing@mischaestate.com. If you have a complaint about how we handle your data, we would like to hear from you, but you also have the right to submit a complaint to the Information Regulator.

Mischa Estate Wines has a number of security measures in place to protect your personal information, and we will take all reasonable measures in line with industry standards to protect your information. But the collection of information and transactions over the internet is never guaranteed to be safe and secure. Mischa Estate Wines therefore does not guarantee the safety and security of any personal information that you transfer over the internet to us, which includes information that is stored and distributed by us or our authorised third parties.

The Information Regulator will be informed of any data breach as required by the Protection of Personal Information (POPI) Act. You will be notified if your personal information has been compromised.

Our website may contain links to other websites. Our aim is to link to sites that share our high standards and respect for your privacy, but we do not accept responsibility for the content or practices employed by other websites.

We use third party vendors that may receive your information. These include Google Analytics, Mailchimp and NetCash. Your information may therefore be collected by, retained, processed and distributed by these third-party vendors in terms of their products and processes.

Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage. You can access Google’s Privacy Policy here: https://policies.google.com/privacy.  You can also read about how Google uses information from sites and apps that use their service here: https://policies.google.com/technologies/partner-sites.   All the cookies that Google Analytics uses along with an explanation of each cookie can be found here: https://developers.google.com/analytics/devguides/collection/analyticsjs/cookie-usage.

We accept payment through NetCash.  When processing payments, some of your data will be passed onto NetCash, including information to process or support the payment, such as the purchase total and the billing information.  We do not see or retain your banking card information.  For more information, see NetCash’s privacy policy here: https://netcash.co.za/privacy-notice/. If we are required to rectify a payment on your order, additional information may be requested from you, such a proof of payment, or other relevant information NetCash requires to rectify a payment.

Articles and pages on this site may include embedded content (e.g. videos, images, articles). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.  These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.  We are not responsible for information collected by these other websites.

You will only receive direct marketing of services and products when you register for our newsletter. You may unsubscribe from the newsletter anytime by clicking on the unsubscribe button in the email footer.

We may change the Privacy Policy at any time without notice to you. The policy will contain an index that shows the date of last revision. The revised policy will be posted to this page so that you are always aware of the information we collect, how we use it, and under which circumstances we disclose it. We encourage you to periodically review this statement to know how Mischa Estate Wines is protecting your information. Once the updated Privacy Policy is in effect, you will be bound by them if you continue to make use Mischa Estate Wines. We hope that you will continue to be part of our community, but you may choose to not purchase products via our website if you do not agree to our updated Privacy Policy.

For questions and/or comments about our Privacy Policy and this statement, please contact us by using the following contact details:

Mischa Estate Wines (Pty) Ltd
Wellington, Western Cape
South Africa
Website: https://www.mischaestate.com
Email: marketing@mischaestate.com

We are bound by relevant data protection legislation, and we will treat the information you give us in accordance with any legal requirement.

TERMS OF SERVICE

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OVERVIEW

This website is operated by Mischa Estate Wines. Throughout the site, the terms “we”, “us” and “our” refer to Mischa Estate Wines. Mischa Estate Wines offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.In no case shall Mischa Estate Wines, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mischa Estate Wines and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Mischa Estate Wine Farm, Oakdene Road, Wellington, WC, 7655, South Africa.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at marketing@mischaestate.com.