TERMS & CONDITIONS
TERMS OF USE FOR THE TWO GINGERS WEBSITE
1. DEFINITIONS
1.1. “Personal Information” means personal information as defined in the Protection of Personal Information Act (Act No. 4 of 2013) and includes information by which you can be identified, and which relates to you as an identifiable individual such as your name, physical and postal addresses, e-mail address, race, sex, and/or age;
1.2. “Products” means our products which are available for purchase by users via the Website from time to time;
1.3. “Terms of Use” means the terms of use of this Website, as set out in this document and as amended from time to time;
1.4. “Website” means the Two Gingers website: www.twogingers.com;
1.5. “you”, “your” or “user” means every person that accesses or uses this Website; and
1.6. “we”, “us” or “our” means Gember Distillery Proprietary Limited (Registration number 2021/500522/07) of Unit 6, Platinum Park, 101 Capricorn Drive, Muizenberg, Cape Town, 7945.
2. INTRODUCTION
2.1. The Website is owned and operated by us. These Terms of Use govern your use of our Website.
2.2. By using our Website, you indicate that you are aware of, understand and accept these Terms of Use in full.
2.3. These Terms of Use form a binding agreement between you and us. If you disagree with these Terms of Use or any part of them, you should immediately cease access and/or use of our Website.
3. IMPORTANT NOTICE
3.1. These Terms of Use apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
3.2. These Terms of Use contain provisions that appear in similar text and style to this clause and which –
3.2.1. may limit our risk or liability or that of a third party; and/or
3.2.2. may create risk or liability for the user; and/or
3.2.3. may compel the user to indemnify us or a third party; and/or
3.2.4. serves as an acknowledgement, by the user, of a fact.
3.3. Your attention is drawn to these terms and conditions because they are important and should be carefully noted.
3.4. If there is any provision in these Terms of Use that you do not understand, it is your responsibility to ask us to explain it to you before you continue to make use of our Website or purchase any of the Products via the same.
3.5. Nothing in these Terms of Use is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or us in terms of the CPA.
4. PROHIBITED USE OF THE WEBSITE
4.1. You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device or manual process to monitor, copy, distribute or modify the Website or the information contained therein.
4.2. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
4.3. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without our express prior written consent.
4.4. You may not use the Website if you are not 18 (eighteen) years of age or older and of full legal capacity.
5. PRIVACY POLICY
5.1. Any Personal Information collected by us will be dealt with and handled in accordance with our Privacy Policy (which is available on our Website at https://www.twogingers.com/privacy-policy.
5.2. You voluntarily consent to the use of the Personal Information collected in relation to you in accordance with our Privacy Policy.
6. PAYMENT
6.1. We are committed to providing users with secure online payment facilities. In this respect, we have partnered with Yoco and Payfast (“our Payment Partners”) to offer secure online payment facilities.
6.2. Whilst we believe that our Payment Partners provide a safe and confidential environment within which users are able to transact, we cannot guarantee the safety of users’ information submitted via our Payment Partners or the absolute security of our Payment Partners’ systems against online fraudsters or hackers.
6.3. Please note that any Personal Information submitted by you to any of our Payment Partners will be subject to that Payment Partner’s specific privacy policy and/or terms and conditions.
6.4. Please note further that we do not accept any liability for, and we cannot be held liable in respect of:
6.4.1. any harm, damages (of any nature whatsoever), loss, cost or expense which may be suffered by you as a result of your use of any of our Payment Partners’ systems; and/or
6.4.2. any unauthorised disclosure of your Personal Information which was submitted by you whilst making use of any of our Payment Partners’ systems.
6.5. We reserve the right to withhold the delivery of any Products purchased by you via our Website until such time as we have confirmed our receipt of payment in respect thereof.
7. SALE OF LIQUOR PROVISIONS
7.1. All of the Products in our current product range contain alcohol.
7.2. We sell the Products under liquor license number WCP/043410.
7.3. It is an offence in terms of South African liquor legislation:
7.3.1. for any person under the age of 18 years to purchase, or attempt to purchase, liquor and/or to present false evidence of his/her age in order to access liquor; and/or
7.3.2. to purchase liquor for or on behalf of any person under the age of 18 years.
7.4. We are committed to complying with all applicable liquor legislation and therefore will only;
7.4.1. sell the Products to you if you are of or above the age of 18 years; and
7.4.2. deliver the Products to the address chosen by you if the Products are received at such address by a person of or above the age of 18 years.
7.5. We have implemented a number of precautions to ensure that we do not sell, supply and/or deliver liquor to persons under the age of 18 years. These precautions include without limitation:
7.5.1. requiring users to enter their date of birth (confirming that they are 18 years of age or older) before accessing the Website;
7.5.2. verifying your age by requesting you to enter your date of birth when purchasing, or attempting to purchase, the Products through the Website; and
7.5.3. verifying a user’s age by requesting the user to enter his/her date of birth when purchasing, or attempting to purchase, the Products through the Website; and
7.6. We may in our sole discretion refuse to sell or deliver the Products to any person if:
7.6.1. he/she refuses to provide his/her date of birth or identification requested for purposes of verifying his/her age;
7.6.2. it appears that he/she provided false information or evidence of his/her age in order to access liquor; or
7.6.3. he/she appears to be intoxicated.
7.7. We are not licenced to sell liquor for resale and you may accordingly not purchase liquor from us for the purpose of reselling it. We are entitled to cancel, or not to process, any order for the Products which we suspect will be resold, in addition to any other remedy we may have under these Terms of Use or at law.
7.8. By purchasing, or attempting to purchase, the Products, you hereby acknowledge and agree to these Terms of Use and agree to provide us with truthful and accurate information and to comply with the applicable liquor legislation.
8. ORDERS, CONFIRMATION, OR DELIVERY
8.1. Once you have selected the Product you wish to purchase and you have submitted your order to us, you will be given the opportunity to review the entire transaction and correct any mistakes, before electing whether to withdraw from the transaction or proceed with the transaction. By clicking on the “proceed” or “purchase” or “final submit” or “confirm” button you are deemed to have submitted an offer to purchase the Product/s selected by your order (“the order”).
8.2. We reserve the right to cancel the order for any reason on notice to you and without incurring any liability to you, other than (where applicable) the obligation to provide you with a refund for any amount paid by you to us in respect of the cancelled order in question. Such refund will be paid as soon as reasonably possible.
8.3. Receipt of a confirmation of the order (which only constitutes acceptance by us to process the order) will be sent to you once we receive your order.
8.4. A transaction will only be deemed to be successful once full payment of the order has successfully been made to us and once the Products in question have been delivered inaccordance with the selected delivery option or agreed process. We will indicate the acceptance of your order by delivering the Products to you or allowing you to collect them, and only at that point will an agreement of sale between you and us in respect of the relevant Products come into effect. This is regardless of any communication from us stating that your order or payment has been confirmed. We will indicate any rejection of your order by cancelling it and, as soon as possible thereafter, refunding you for any amount already paid.
8.5. Placing Products in a wish list or shopping basket without completing the purchase cycle does not constitute an order for such Products and, as such:
8.5.1. Products may be removed from the shopping basket if stock is no longer available; or
8.5.2. the price thereof might change without notice to you.
You cannot hold us liable if such Products are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.
8.6. Risk and ownership in and to the Products shall pass to you on delivery, provided that payment in respect of the Products has been received by us in full.
8.7. We endeavour to execute all orders within the time period notified to you when placing your order, however, by accepting these Terms of Use, you acknowledge and agree that delivery of orders can (from time to time) fall outside of these time periods due to a number of reasons beyond our reasonable control or foresight, including (without limitation) logistical delays. By accepting these Terms of Use and transacting on the Website, you acknowledge that no liability is incurred by us in these instances of late or delayed delivery. In this respect, delivery times are estimated times only and we are not liable for any late deliveries.
8.8. You acknowledge that stock of all Products on offer is limited, and you accept that the display of Products is not necessarily a guarantee that a Product is available.
8.9. When Products are no longer available, we will notify you and you will be entitled to a refund of the amount paid by you for such Products. Whilst we will take all reasonable efforts to monitor stock levels, we cannot guarantee the availability of stock. Should the Products no longer be available after you have placed an order, you shall be entitled to either be credited or refunded for any payments already made by you. Save for a refund in these specific circumstances, we will have no liability to you as a result of any Product being out of stock.
9. REFUNDS AND COMPLAINTS
9.1. Subject to the provisions below, if for any reason whatsoever you are not completely satisfied with your purchase, you can, provided that the requirements below are met, return it to us for a full refund, credit note, or exchange.
9.2. All Products being returned must be:
9.2.1. in their original packaging with undamaged labelling; and
9.2.2. in a new and unused condition.
9.3. All returns must be notified to us in writing (by email) within 30 days of the Product having been delivered to you.
9.4. Upon receipt of the Products being returned, we will do a basic inspection and then process your return or exchange. Please allow at least thirty (30) days from our receipt of the Products in question to process your return or exchange. We will notify you by email when your return has been processed.
9.5. Please note that, save in the event of defective or damaged Products (as per clause 9.6 below), a 10% administration fee may be charged on all Product returns.
9.6. Notwithstanding the above, should a Product that is delivered to you be damaged or otherwise be defective, you are required to notify us within 7 (seven) days of such delivery/collection by sending us an email to that effect. We will then arrange to collect the Product from you at no charge. Once we have inspected the Product and validated your return, we will at your choice replace the Product as soon as possible (if we have the same Product in stock to use as a replacement) or credit your account with the purchase price of the Product (or refund you if that is your preference).
9.7. All complaints and requests for refunds should be sent to us by email at the following address: info@gemberdistillery.com
9.8. We will do our best to reply to all complaints and requests for refunds as soon as possible and ordinarily within 10 (ten) days of receipt thereof.
10. CHANGES TO THESE TERMS OF USE
We may, in our sole discretion, change any provision or term of these Terms of Use at any time. On each occasion that you make use of the Website, it is your responsibility to regularly check these Terms of Use and make sure that you are satisfied with the changes. Should you not be satisfied, you must cease your use of the Website immediately. If you continue to use the Website after the Terms of Use displayed thereon have changed, you will be deemed to have accepted such changes.
11. OWNERSHIP AND COPYRIGHT
11.1. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trademarks, designs and service marks which are displayed on or incorporated in the Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is our property or the property of our advertisers and/or sponsors and is licensed to us.
11.2. You will not acquire any right, title, or interest in or to the Website or the Website Content.
11.3. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms of Use or otherwise provided for in law.
11.4. You must not do anything which may prejudice the image of and/or goodwill associated with the Website Content or the name of, or branding of, Two Gingers and/or Gember Distillery.
12. DISCLAIMER FOR USE OF THE WEBSITE
12.1. The use of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from your use of the Website or reliance on any information on the Website.
12.2. Whilst we take reasonable measures to ensure that the content of the Website is accurate and complete, we make no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information or content on the Website. If any such representations or warranties are made by any of our representatives, we shall not be bound thereby.
12.3. We disclaim liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein, unless otherwise provided by law.
12.4. In addition to the disclaimers contained elsewhere in these Terms of Use, we also make no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security, functionality or content of your computer system, computer network, mobile device, handset, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to:
12.4.1. our gross negligence or wilful misconduct; or
12.4.2. the gross negligence or wilful misconduct of any of our employees, agents or authorised representatives.
We thus disclaim, in accordance with the provisions of these Terms of Use and to the maximum extent permitted in law, all liability for any damage, loss or liability of any nature whatsoever arising out of or in connection with your access to or use of the Website.
13. LIMITATION OF LIABILITY, DISCLAIMER AND INDEMNITY
13.1. The provisions of this clause 13 shall apply in addition to, and shall not in any way limit or derogate from, the limitation of liability provisions and indemnity provisions provided for elsewhere in these Terms of Use.
13.2. Save as set out in the Terms of Use, we make no warranties, representations, statements or guarantees (whether express, or implied in law or residual) regarding the Website and/or the Products and the Website, and the Products made available via the Website, are provided “as is”.
13.3. To the maximum extent permitted in law, we, as well as our directors, employees, agents and other authorised representatives (hereinafter referred to as “Gember Representatives”) shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which may arise (directly or indirectly) from your or any third party’s:
13.3.1. use of the Website; and/or
13.3.2. use, handling or consumption of any of the Products.
13.4. We (as well as each of the Gember Representatives), cannot be held liable or responsible for any death, illness, personal injury or harm which may be attributable (either directly or indirectly) to your or any third party’s:
13.4.1. use of the Website; and/or
13.4.2. use, handling or consumption of any of the Products, unless such death, illness, personal injury or harm is directly attributable to our gross negligence or wilful misconduct (or the gross negligence or wilful misconduct of any of the Gember representatives).
13.5. To the maximum extent permitted in law, you hereby indemnify us (as well as each of the Gember representatives) (“the indemnified parties”) and hold each of the indemnified parties harmless from and against any loss, damages (of any nature whatsoever), claim, penalty, cost (including reasonable legal fees) or expense which may arise or result from (either directly or indirectly):
13.5.1. your use of the website;
13.5.2. your use, handling or consumption of any of the Products; and/or
13.5.3. a third party’s use, handling or consumption of any of the Products purchased by you from us.
13.6. Notwithstanding the aforegoing, nothing in this clause 13 will limit our responsibility to provide you with a replacement, credit note or refund (in accordance with clause 9.6 above) should a Product be delivered to you in a damaged or defective state.
14. THIRD PARTY WEBSITES
The Website includes or may include hyperlinks to other websites owned and/or operated by third parties. These links are not recommendations. We have no control over the contents of third-party websites and we accept no responsibility for them or for any loss or damage that may arise from your use of them.
15. GOVERNING LAW AND JURISDICTION
15.1. These Terms of Use and our relationship, as well as any dispute arising from or in connection therewith, shall be governed and interpreted in accordance with the laws of the Republic of South Africa.
15.2. In the event of any dispute arising between yourself and us, you hereby consent to the nonexclusive jurisdiction of the High Court of the Republic of South Africa (Western Cape Division, Cape Town), notwithstanding that the quantum in the action or proceedings may otherwise fall below the monetary jurisdiction of that court.
15.3. Nothing in this clause 15 or these Terms of Use limits your right to approach any court, tribunal or forum of competent jurisdiction in terms of the CPA.
16. AVAILABILITY OF WEBSITE AND TERMINATION
16.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and we are entitled to discontinue providing the Website or any part thereof with or without notice to you.
16.2. We may, in our sole discretion, terminate, suspend and/or modify this Website, with or without notice to you. You agree that we will not be liable to you in the event that we choose to suspend, modify or terminate this Website.
16.3. If you fail to comply with your obligations under these Terms of Use this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website, without prejudice to any claims for damages or otherwise that we may have against you.
16.4. At any time, you can choose to stop using the Website, with or without notice to us.
17. NOTICES
17.1. We hereby select Unit 6, Platinum Park, 101 Capricorn Drive, Muizenberg, Cape Town, 7945, as our address for the service of all formal notices and legal processes in connection with these Terms of Use (“legal address”). We may change this address from time to time by updating these Terms of Use.
17.2. Notices must be sent either by hand or email and must be in English. All notices sent –
17.2.1. by hand, will be deemed to have been received on the date of delivery; and
17.2.2. by email, within 12 (twelve) hours of transmission where it is transmitted during the normal business hours of the addressee and within 12 (twelve) hours of the commencement of the following business day where it is transmitted outside those business hours.
17.3. Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
18. GENERAL
18.1. This document contains the entire agreement between the parties in relation to the subject matter hereof and no other warranty or undertaking is valid, unless contained in this document.
18.2. Words importing the singular will include the plural, and vice versa, and words importing the masculine gender will include the feminine and neuter genders, and vice versa, and words importing persons will include partnerships, trusts and bodies corporate, and vice versa.
18.3. The headings to the paragraphs to these Terms of Use are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
18.4. We may, in our sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents.
18.5. Should you have any complaints or queries, kindly address an e-mail to mailto: info@gemberdistillery.com advising us of the same, or alternatively contact us at 021 180 2852.
18.6. You may not cede, assign or otherwise transfer your rights and/or obligations in terms of these Terms of Use to any third party.
18.7. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show, grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
18.8. Each sentence, paragraph, term, clause and provision of these Terms of Use and any portion thereof shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation (including, without limitation, the CPA and any regulations thereto) in terms of a final, binding judgment issued by any competent court having jurisdiction, it shall (to that extent) be deemed not to form part of these Terms of Use and shall not impair the operation of, nor have any effect upon such other sentence, paragraph, term, clause or provision of these Terms of Use as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
18.9. No term or condition of these Terms of Use is intended to breach any peremptory provisions of the CPA and any regulations thereto (“Prohibited Provision”). If any term or condition of these Terms of Use constitutes a Prohibited Provision, the same shall be governed by clause 18.8 mutatis mutandis.
19. Disclosures required in terms of Section 43 of the Electronic Communications and Transactions Act 25 of 2002
Full name: Gember Distillery Proprietary Limited
Physical address: Unit 6, Platinum Park, 101 Capricorn Drive, Muizenberg, Cape Town, 7945
Telephone number: 021 180 2852
Website address: www.twogingers.com
E-mail address: info@gemberdistillery.com
Company registration number: 2021/500522/07
Credit Provider Number: NOT APPLICABLE
Vat Registration Number: 4570299489
Country of incorporation: South Africa
Director details: S.G. Cranswick and F.W. de Vries
Physical address for receipt of service: Unit 6, Platinum Park, 101 Capricorn Drive, Muizenberg, Cape Town, 7945
PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be viewed here: https://www.twogingers.com/paia-manual/