LEGAL - TERMS AND CONDITIONS
These terms and conditions constitute - the entire agreement between Sprout Capital (Pty) Ltd the registered entity trading as www.Netliquor.co.za, herein after referred to as Netliquor, and the Customer. These terms and conditions supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, relating to this website or the Service, with the exception of the Netliquor Standard Terms and Conditions of Sale which shall remain in full force and effect, except where it conflicts with these Terms and Conditions, in which case these Terms and Conditions shall prevail.
1.1. The following definitions apply to these terms and conditions:
1.1.1. "Customer" means a person who applies for permission to order goods via this website.
1.1.2 "Service" means the delivery of goods from NetLiquor's physical preferred suppliers stores in response to orders placed by registered Customers via this website and in accordance with these Terms and Conditions.
2.1. Terms and Conditions binding
The Customer, by applying for permission to order goods via this website, or by placing an order via this website, represents that he/she has read, understood and accepted these terms and conditions and those elsewhere on this website, and agrees to be bound by the Terms and Conditions.
2.2. Modification of website
Netliquor may at any time, modify any of the material contained on this website, including these terms and conditions, without prior notice. Notification of such modifications will be posted on this website. Continued use or the placing of an order by the Customer after a notification is made constitutes acceptance by the Customer of the modifications.
3.1. Service "as is"
The Service is provided "as is", and Netliquor disclaims ALL warranties and conditions, whether expressed or implied with regard to this site and/or any associated sites and/or any associated stores and/or any other service, including but not limited to delivery, including any implied conditions of merchantability, fitness for a particular purpose, title and non-infringement.
3.2. Changes to Service
The Customer understands that Netliquor and its employees or agents may, at any time, for any reason and without notice make improvements and/or changes to the Service whether on-line or in relation to any service related to this site.
3.3. Termination of Service
Netliquor reserves the right, and has absolute discretion to, at any time and for any reason whatsoever, terminate all or part of any service supplied by Netliquor and/or its agents and/or its delivery persons to any Customer, with or without notice, effective immediately.
4.1. Customer information and privacy
4.1.1 Sufficient information must be supplied – In applying for registration it is the Customer's responsibility to supply Netliquor with sufficient personal information. Netliquor is entitled to deny an application for registration due to insufficient information supplied by the Customer, where Netliquor considers such information is important and is reasonably obtainable by that Customer.
4.1.2 Collection of information from other sources - The Customer hereby authorises Netliquor to access any personal information about the Customer from any source including but not limited to: The Customer; The Customer's present banks and/or financial institutions (for the sole purpose of ascertaining creditworthiness; Credit referral agencies (for the sole purpose of ascertaining creditworthiness); Other suppliers of products and services (in relation to business customers only); People or companies who are or have been associated with the Customer, with the Customer's consent.
188.8.131.52 Use - Any information collected by Netliquor will be used to determine or confirm Customer details and/or to ensure that the Customer's application is satisfactory to Netliquor.
184.108.40.206 Use – Any of the Information collected by Netliquor may be disclosed to the authorities as part of any investigation into any illegal activities that may take place on the Netliquor service, as governed by South African legislation.
4.1.4 Access/Disclosure - The Customer authorises Netliquor's employees, agents, suppliers or delivery people for the purpose of the performance of the Agreement to access any information supplied by the Customer or collected by Netliquor and accepts that such information may be forwarded on to a credit referral agency.
4.2.1 Confirmation – Netliquor will advise the Customer of whether or not their application has been accepted.
4.2.2 Right to refuse registration - Netliquor has the right to refuse registration of a Customer or terminate the registration of a Customer at its sole discretion and for any reason whatsoever. The Customer acknowledges that Netliquor is not obliged to disclose the reason for any such refusal or termination.
4.2.3 Validation of credit card required- Acceptance of any order placed through this site is conditional on validation of the Customer's credit card number and approval of the purchase amount by the card issuer.
5.1. Customer to receive password – Where the Customer's application for registration is accepted by Netliquor, the Customer shall be issued with a password that must be used when placing orders.
5.2. Customer to keep password confidential - The Customer is solely responsible for maintaining the confidentiality of the Customer's password. The Customer must not disclose the Customer's password to any third party at any time for any reason whatsoever. If the password is disclosed to any third party at any time for any reason, then the Customer is liable for any consequences. The Customer undertakes to notify Netliquor of any such disclosure and arrange to alter the password immediately.
5.3. Customer liable for orders - The Customer is liable for every order made through or in relation to this website using their password and/or account.
5.4. Customer to indemnify Netliquor - The Customer indemnifies Netliquor and the legal entity trading as Netliquor, their family, and their agents against any claims or damages arising from the misuse of the Customer's account whatsoever.
6.1. Timing of delivery - Netliquor will endeavour to deliver all normal orders within a reasonable time. However, the Customer accepts that delays may arise in some circumstances, for instance where credit card details or delivery details are incomplete or incorrect, where credit card authorisation is refused, or where the order includes unusual requests. Should Netliquor not have sufficient stock on hand for whatever reason whatsoever the Customer hereby grants Netliquor permission permission to contact the Customer to arrange substitute products or a refund at the Customers request.
6.2. Identity check of recipient - The Customer warrants and understands that it is the Customer's responsibility to establish that the person or persons receiving the goods ("the Recipient") shows current formal Legal identification of the Recipient to the person or persons delivering the goods. The identification must include the Recipient's: Full name; Date of birth; Identification Number; Photo; and Signature. We typical ask for a South African drivers licence or South African Identity Document, should the Recipient not be a South African resident we will ask for a legal document showing the above information on a National Identity Document acceptable to relevant Authorities.
6.3. Where this information is not available on one piece of identification, further identification must be provided by the Customer to fulfill the above Legal requirements.
6.4. Non-delivery - If the goods cannot be delivered for any reason, such as the Customer failing or refusing to accept the goods, or the Recipient failing to produce adequate identification, the goods will be returned to the store that is the origin of the goods and held for the Customer to collect. The Customer must, at the customer's expense, collect the goods within one week of the attempted delivery.
6.5. Obligations complete on delivery - Netliquor is deemed to have fulfilled its obligations upon delivery of the goods to the Recipient.
6.6. Refunds and cancellations - we will provide a full refund to the customer provided the goods have not been dispatched for delivery. If the goods have been dispatched for delivery there will be a R100 service fee charge for a cancellation of order.
7.1. Exclusion of certain warranties - Netliquor expressly excludes all expressed or implied warranties, descriptions, representations, statements and advice, other than those provided in the Consumers Protection Act No. 68 of 2008, given as to the fitness or suitability for any purpose, tolerance to any conditions, similarity to sample, merchantability or otherwise. Netliquor shall not be bound or responsible for any such unauthorised: warranties; and/or descriptions; and/or representations; and/or statements; and/or advice, made by any of its employees, agents, suppliers or delivery people, whether made in good faith or otherwise.
7.2. Consumers Protection Act No.68 of 2008 – Where the Customer is not a "Consumer" as defined in the Consumers Guarantees Act 1993, or where the Customer holds him or herself out as acquiring the goods for the purposes of business then the provisions of the Consumer Guarantees Act 1993 shall not apply.
7.3. Risk to pass to Customer or Recipient - The Customer accepts and acknowledges that regardless of any advice given by an employee, agent, supplier or delivery person, that upon acceptance of the goods by the Customer, all risk in the goods passes to the Customer or Recipient.
7.4. Product Liability - Netliquor excludes all liability against any damage and/or injury and/or loss arising directly or indirectly from any defect in or non-compliance of the goods. The Customer acknowledges and accepts that any damages for any other breach of Netliquor's obligations shall not in any event exceed an amount equivalent to the price of the goods.
7.5. Customer's agents and third parties - The Customer accepts and acknowledges that Netliquor is not liable or responsible for any damage and/or injury and/or loss arising from the Customer's servants, agents, buyers or any other persons.
7.6. General disclaimer - Notwithstanding the above paragraphs, Netliquor shall not be liable for any consequential, indirect or special damage or loss of any kind whatsoever arising out of use of this website or the Service.
8.1. Netliquor shall be under no liability to the Customer in respect of anything that, if not for this provision, would or might constitute a breach of this Agreement, where this arises out of circumstances beyond the control of Netliquor, including but not limited to acts of God; natural disasters; sabotage; accident; riot; shortage of supplies, equipment, materials; strikes and lockouts; civil commotion; computer hacking; or malicious damage.
9.1. These terms and conditions constitute - the entire agreement between Netliquor and the Customer and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing, relating to this website or the Service, with the exception of the Netliquor Standard Terms and Conditions of Sale which shall remain in full force and effect except where it conflicts with these Terms and Conditions, in which case these Terms and Conditions shall prevail.
10.1. South Africa Jurisdiction - This agreement and all issues arising from or in relation to this site are governed and shall be construed in accordance with the laws of South Africa and the parties agree to submit to the exclusive jurisdiction of the High Court of South Africa.
10.2. Customer to abide by applicable laws - Without limiting the above clause, any Customer placing an order from another jurisdiction thereby represents that their doing so does not breach any law of that Jurisdiction and agrees to indemnify Netliquor against any action brought by any party in respect of that order.
11.1. Netliquor reserves all rights not expressly granted by this agreement.