Terms and conditions

Website Terms and Conditions of Use Relating to mischaestate.com; operated and owned by Mischa Estate (Pty) Ltd.

Delivery Policy

We use a preferred courier company for orders outside of Cape Town. Orders are dispatched daily Monday – Friday. All orders are specially packaged to ensure they arrive safely at their Final Destination. The courier company does not deliver weekends of public holidays.

Cape Town:

Delivery is Door to Door

Monday – Friday 09:00am – 17:00pm

Subject to your order not containing a specially sourced or out of stock product.

A flat delivery fee of R200.00 is applicable to orders under R1400.00 delivered within the Western Cape

South Africa:

Delivery is door to door, Monday to Friday 09:00 – 17:00.

Outer lying areas which are not major centres (A major centre being Cape Town, Johannesburg and Durban) may take a further 5-7 business days to be delivered.

A Delivery Fee of R200.00 is applicable to orders under R1400.00 delivered outside of the Western Cape.

Outerlying areas which are not major centres, A major centre is Cape Town, Johannesburg and Durban can take a further 5-7 business days to be delivered.

*Certain speciality liquors may require 10-14 days for delivery subject to no delay.

Where a public holiday falls either side of a weekend, the order will be delivered the following business day.

Orders are generally delivered within 3-5 Business Days from dispatch and all orders are door to door.

Terms and conditions of delivery vendor apply

Upon Dispatch you will receive an email with a tracking number and link to track your order.

Orders outside of the Western Cape are dispatched twice a day Monday – Friday. *Subject to the area being shipped to and provided there are no delays from 3rd Parties

Orders placed before 16:00 Monday – Friday, will be dispatched that same day subject to clearance of funds. Orders placed after 16:00 it will be dispatched the following working day.

Orders for outside of the Western Cape that placed on a Friday after 16:00 will only be dispatched the following working day.

Outerlying and Regional areas may take up to 7 business days to be delivered.

Wine Sold By Vintage:

Please note that we do not sell any of our wines by vintage unless stated clearly in the product description and product title. Images of wines are for illustration purposes only. We will not accept any returns or refunds should you have bought wine by picture vintage description.

Orders:

We accept orders via online only, online payments can be made via the Pay Now Sage Payment Gateway on the website.

Delivery will not take place until proof of payment has been received and the funds have cleared our business account.

We do not sell liquor to anyone under the age of 18. We go by Challenge 21 if you are fortunate enough to look under the age of 21, you will be requested to provide positive proof of identification. At any point in time, we may use our discretion to refuse any order.

Delivery policy:

Subject to stock availability and receipt of payment, requests will be processed, dispatched and delivered within an average of 3 working days by our preferred courier company. Delivery to remote areas not serviced by standard couriers delivery may take an extra working day.

Our products are shipped to your door saving you the fuss and hassle of standing in Post Office Ques.

Back Orders: For products that may not be available for immediate delivery, it may take and additional 10-14 days for delivery, Should this be the case, you will be notified via email.

The Provider will supply all goods to the delivery company in good order and will ensure that goods arrive at the User’s chosen delivery address in the same good order.

Cancelled orders:

Any cancelled orders on the e-commerce facility will be subject to a 10% admin charge. The Provider reserves the right to cancel any order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet the Provider’s standards. Should the Provider exercise this right, the User will receive a full refund.

Any complaints regarding the standard and quality of products bought by the user through the e-commerce facility should be directed to info@mischaestate.com.

Returns / Refund Policy:

Mischa Estate Wines will accept goods that you would like to return subject to receiving a notification by email within 7 days of the goods having been delivered to the address you requested us to deliver them to when you bought them. Contact us by going to our contact page and submitting the item/s you would like to return. We will arrange to have the item/s collected. Please ensure that you receive confirmation that we received your communication within 1 working day to make sure that the 7 days are not exceeded.

If you notify us after the 7 day business period, items will need to be returned back at your cost.

Refunds will be paid to you on an advised date using whichever method you used to pay for the goods when you purchased the item/s.

Please note that all items must be in there original packaging and in the same condition as you received them to affect a refund. Please check them when you receive them.

Export restriction:

The offerings on this website are available to clients in all countries, however a flat rate of up to R2 000 per bottle exported will be charged for countries outside of South Africa. For countries outside of South Africa you will need to confirm your order with us via email before we can process your order.

Payment Options:

Payment may be made via Visa or MasterCard credit cards or by bank transfer into the Provider’s bank account, the details of which will be provided after checkout.

Credit card acquiring and security:

Credit card transactions will be acquired for the Provider via Sage Pay who are the approved payment gateway for Sage. Pay Now use the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to www.sagepay.co.za to view their security certificate and security policy.

Customer details are stored by the Provider separately from card details which are entered by the client on Sage Pay’s secure site. For more detail on Sage Pay refer to www.sagepay.co.za

Merchant Outlet Country and transaction currency:

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).

Responsibility:

The Provider takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods.

Updating of these Terms and Conditions:

Provider reserves the right to change, modify, add to or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website.

It is the User’s obligation to periodically check these Terms and Conditions on the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Copyright and Intellectual Property Rights:

Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Website, the Content, or to products and/or services offered through the Website at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.

Limited License to General Users:

Provider grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of Provider. The license does not allow the User to collect product or service listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. Provider and the Owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the Website.

Provider and the Owners, their affiliates or subsidiary reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Any unauthorised use terminates this license.

Limitation of liability:

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. Neither Provider nor any holding company, affiliate or subsidiary of Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof, or of any linked website, even if Provider is expressly advised thereof.

Privacy

casual surfing:

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. The Provider uses this information to determine use of the Website, and to improve content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. For the purpose of this clause, “personal information” shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: http://www.polity.org.za/attachment.php?aa_id=3569

Choice of Law:

This Website is controlled, operated and administered by Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Cape Town High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.

Contact Information / Domcilium Citandi Et Executandi:

This website is run and owned by Mischa Estate Wines (PTY) Ltd based in Wellington, Western Cape, South Africa.

If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:

Email address: info@mischaestate.com

A copy of the ECT Act is available at http://www.polity.org.za/pol/acts/2002