Website Terms and Conditions of Use Relating to www.frogitt.co.za
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Frogitt & Vonkel (“Provider”) website located at the domain name www.frogitt.co.za (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice.
Frogitt & Vonkel CC with registration number 2004/064810/23 and VAT number 4410217055 is incorporated in South Africa and trades as ‘Frogitt & Vonkel Private Wine Merchants™’. For the sake of convenience the name ‘Frogitt & Vonkel’ will henceforth be used.
The law governing these terms and conditions is the law of the Republic of South Africa.
The ECT Act states that when we offer goods or services by way of certain electronic transactions the following must be made available:
- Full name: Frogitt & Vonkel CC
- Main business: Telemarketer of fine wines and spirits
- Address for receipt of legal service: 102 Dorp Street, Stellenbosch, 7600
- Office bearers: John Woodward
- Webmaster: firstname.lastname@example.org
- Website: http://www.frogitt.co.za
- Official email address: email@example.com
Alcohol is not for sale to persons under the age of 18. For this reason, positive identification may be requested and we may refuse an order at our discretion. By ordering and purchasing products that contain alcohol, you acknowledge that you are of legal drinking age.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-commerce and privacy
The website; www.frogitt.co.za sells premium wines, spirits, beers, alcoholic beverages and associated products online. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
All the content on the Frogitt & Vonkel website www.frogitt.co.za is owned either by us or our suppliers. We claim all property rights, including intellectual property rights, for this content on behalf of ourselves and our suppliers. You are not allowed to infringe upon those rights.
You agree not to copy content from our website without our written permission. Any requests to use our content should in the first instance be made in writing via our contact page.
If you believe that your intellectual property rights have been infringed upon by our website content, please notify us in writing via our contact page.
Pricing and product information
Every effort is made to ensure the accuracy of pricing and product information. Instances may arise in which a product(s) are priced incorrectly on the website or where the product information supplied is inaccurate.
Frogitt & Vonkel will not be held bound by the incorrect price(s) in cases where such error(s) occur. Due to fluctuations in exchange rates and consequent variances in our local suppliers’ pricing, as well as the occurrence of periodic supplier price increases, Frogitt & Vonkel cannot guarantee that the price at which an item is pre-ordered will be the price at which the goods will be sold once stock has landed in South Africa.
In such instances Frogitt & Vonkel will either refund the customer the price paid or charge the difference in price to the customer should the customer still wish to purchase the product(s).
Frogitt & Vonkel will not be held responsible for errors in the product information supplied to us by producers or other suppliers.
Dawn Wing Express is our selected courier provider. There is limited 3rd party out sourcing on selected routes.
Delivery will occur between 8am and 5pm, Monday to Friday. You will be given a delivery note, check that you have received all items on the note before signing. If no-one is available to take delivery then the Dawn Wing will return the parcel back to the depot.
If not all items are delivered please write accordingly on the note and inform the driver. The driver will then be able to take appropriate action.
The product is made of glass and therefore breakages can happen. If any breakages are visible on any of your order. Please do not take delivery of that box. Please point it out to the Dawn Wing representative and ask him to return to his manager.
Our liability for any delay in delivery is limited to re-delivery at a later agreed time.
Delivery charges are can be found on our delivery page.
Frogitt & Vonkel accepts online orders for delivery within the Republic of South Africa only. Please call a Private Wine Merchant to request international delivery prices.
If the delivery has been shipped before the customer cancels an order then the delivery charge will be retained.
If the customer is unhappy with the wine and does not want a replacement, then the wine will be picked up and returned, the customer will be refunded for the wine returned as according to the terms of our Satisfaction guarantee.
Refunds are limited to the price paid.
VAT is currently charged at 14%. All prices listed by Frogitt & Vonkel are inclusive of VAT unless otherwise stated.
All products sold by Frogitt & Vonkel are sold without warranty or guarantee, save those transactions covered by our ‘Guaranteed Satisfaction’ offer as detailed.
Stock of all goods on offer is limited. Frogitt & Vonkel shall take all reasonable efforts to discontinue any listings or offers as soon as stock is no longer available. However, should items still be offered after stocks are sold, Frogitt & Vonkel shall only be liable to refund monies where it is unable to fulfill orders at advertised/listed prices. Where goods are advertised/listed as having an estimated delivery time, or are on pre-order, Frogitt & Vonkel is not responsible for delays on these estimates. These estimates are merely guidelines and may shift with stock availability, supplier scheduling, or delays in international shipping.
Online payment – MyGate payment gateway
All online credit card payments are processed by the MyGate Internet Payment Gateway. Card Holders may go to www.mygate.co.za to view MyGate’s security policies.
Payments and refunds
Credit card payments
At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. As a protection against fraud, Frogitt & Vonkel reserves the right to request ID documents, or other documentation to verify a purchaser’s identity. Frogitt & Vonkel reserves the right to refuse to ship orders to customers refusing to make such information available or whose information is suspicious.
EFT/Bank deposit payments
We do not accept online orders via EFT or Bank deposit. If you wish to pay by EFT/Bank deposit please contact a Private Wine Merchant™
If a buyer selects to pay via bank transfer the following conditions will apply:
- the exact amount must be paid;
- the payment must be identified by supplying the order number and surname in the reference section of the deposit slip or on the electronic transfer;
- No goods will be shipped until payments have cleared the Frogitt & Vonkel bank account;
- Stock will not be held for orders paying by EFT/bank deposit that have not cleared in full.
Credit card refunds
We are able to reverse credit card transactions on our payment gateway system. The refund will only reflect on the credit card used and no other method is allowed.
Note: Frogitt & Vonkel does not accept cheques
Frogitt & Vonkel will only issue refunds as per the method of payment originally utilised by the customer.
We reserve 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 at 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.
Notwithstanding provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, neither Frogitt & Vonkel nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website.
Furthermore, Frogitt & Vonkel makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
Users are encouraged to report any possible malfunctions and errors. This website is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with Frogitt & Vonkel that the service available from and through this website will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
Frogitt & Vonkel’s current physical and postal address is:
Frogitt & Vonkel CC
102 Dorp Street
Black Friday 2017 Terms and Conditions
The Black Friday discount period will only be valid on the 24th of November 2017 from 8am – 7pm.
The Black Friday R250-off all orders discount is only redeemable via the Frogitt & Vonkel website or via a Frogitt & Vonkel Private Wine Merchant™.
Only ONE R250-off voucher per customer.
The Black Friday discount will only be valid on 12 bottle orders or more.
The R250-off discount will be deducted after the full amount of the order has been calculated.
The Promoter reserves the right to alter or cancel the promotion at its discretion without notice.
Entering into this promotion does not create any obligation on Frogitt & Vonkel, its employees nor do the participants acquire any rights in law.
All entrants to this promotional promotion participate entirely at their own risk. By reading and accepting these terms and conditions, the entrant gives consent to these risks and hereby indemnifies and holds harmless the promoter, Frogitt & Vonkel (“the Promoter”), their directors and employees of any and all liability pertaining to any damage, cost, injuries and losses of whatever nature sustained as a result of their participation in the promotion, and related events and activities, save where such damage, cost, injuries and losses are sustained as a result of the gross negligence or wilful misconduct of any indemnified party.
Nothing in these terms and conditions is intended to, or must be understood to, unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created for either the entrant or the promoter in terms of the Consumer Protection Act, 68 of 2008 (“the CPA”).
By entering the promotion in accordance with its terms, you are entering a promotional promotion for the purposes of the Consumer Protection Act, 2008 (“CPA”) and the promotional promotion will be conducted in accordance with the relevant provisions of the CPA.