INTRODUCTION
Welcome to www.frogitt.co.za owned and operated by Frogitt & Vonkel CC (referred to in this document as “The Company”). These Terms and Conditions of use set out the terms that regulate the use of www.frogitt.co.za (referred to in this document as the “Website”) by the user.
1.1.2. ACCEPTANCE OF TERMS
These Terms take effect as soon as you access the Website and is a binding agreement between the Company and yourself. The current version of these Terms will govern both the Company’s and your rights and obligations each time you access this Website. If you do not agree with any provision contained in these Terms, you must immediately stop using the Website. Your failure to do so, and your continued use of the Website, will mean that you have read, understood, and agree to the provisions of these Terms.
1.1.3. USE OF THE WEBSITE
By accessing the Website, you warrant that your use of the Website is for lawful purposes, you are over 18 years of age, and you can legally conclude an agreement with the Company.
You further warrant that you will not contravene any South African or international laws by using the Website, any services offered on the Website, or any information provided to you by the Company through your use of the Website. Except as expressly authorised by these Terms, you may not use, alter, copy, distribute, or transmit any content contained on this Website.
1.1.4. USE OF INFORMATION
The Company conducts its business in accordance with South African legislation applicable to its business. One aspect of such legal compliance relates to data protection. The Company values the privacy of your information and will protect your personal information in accordance with laws and regulations. This includes the Protection of Personal Information Act no 4 of 2013 (POPIA).
By using the Website, you acknowledge, agree and consent to the Company and our suppliers, or any person authorised on our behalf, using your personal information, for any purpose necessary for you to use the Website, or for the Company to render any service to you via the Website.
1.1.5. AMENDMENT OF TERMS
The Company reserves the right to amend these Terms at any time. Whenever the Company concludes any amendments to these Terms, the amended Terms will be posted on this page, together with an indication at the bottom of the page as to the date upon which the Terms were last revised. You agree to review these Terms for any such amendments whenever you visit the Website. Should you not agree to any amendments to these Terms, you must immediately stop using the Website.
1.1.6. CONTENT OF USERS (If applicable)
There are certain areas on the Website that allow users of the Website to upload questions, data, and other information. As a user, you are responsible for the content that you upload, display, and add to the Website. The Company will not review any user content.
You agree not to add any user content that contains any information that is not legally permitted, you do not have a right to make available under any law, or under contractual relationships and you know is incorrect. You agree that any user content that you add to the Website does not violate any third-party rights.
1.1.7. COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS
For purposes of these Terms, Intellectual Property Rights means all intellectual property rights including, patents, designs, copyright, trademarks, trade secrets and know-how, applications and registrations, renewals, and extensions.
Unless the contrary is specified in these Terms, all content contained on the Website, or incorporated or embedded in any service offered on the Website, including software, images, text, graphics, illustrations, logos, branding, photographs, and all Intellectual Property Rights in such content, belongs exclusively to the Company. You agree that you will at no time lay claim to the Company content, and to any Intellectual Property Rights subsisting in such content.
Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license to any Intellectual Property Rights belonging to the Company, and you agree that you will not:
- Modify, port, translate, localise, or create derivative works of the Company content.
- Decompile, disassemble, reverse engineer, or attempt to reconstruct, identify, or discover any source code, underlying ideas, underlying user interface techniques or algorithms contained or incorporated in any Company content.
- Disclose any of the Company content.
- Sell, lease, license, sublicense, copy, market, reproduce, transmit or distribute the Company content.
- Knowingly take any action that would cause any of the Company content to be placed in the public domain.
You understand and acknowledge that you may be exposed to user content that is inaccurate, misleading, and offensive. You agree that the Company will not be liable for any damages you allege to incur because of exposure to such user content.
1.1.8. DISCLAIMER OF WARRANTIES AND LIABILITIES
The Company does not make any warranties, statements, or guarantees, regarding the Website and any services offered on the Website. These are provided on an “as is” basis. Use of the Website, any Company content and any service offered is entirely at your own risk.
The Company makes no warranties or conditions about the quality, accuracy, reliability, completeness, or timeliness of any of the foregoing. The Company does not take any responsibility for any errors, omissions or inaccuracies on the Website, the content and any service that may be offered.
Neither the Company nor its shareholders, directors, or employees (Indemnified Parties), shall be responsible for any loss, harm, damage, and expense which may be suffered by you or any third-party, which may be attributable to your access and use of the Website, or any information contained on or received via the Website.
The Indemnified Parties shall not be liable for any loss of business, data or profits, failure, or unavailability of the Website for any reason, and failure by any third-party service provider to render any service which are necessary to ensure the availability of the Website.
You hereby indemnify the Indemnified Parties against any loss, liability, harm, damage, or expense which may be suffered by you or any third-party because of or which may be attributable to any of the above.
1.1.9. INDEMNITY
In addition to the warranties and indemnities set out above, you hereby agree to hold harmless the Indemnified Parties from any claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from:
- Your violation of any provision of these terms.
- Your violation of any third party right including any Intellectual Property Right, or other property or privacy right.
- Any claim that the user content caused damage to a third-party.
1.1.10. EXTERNAL LINKS
External links may be provided for your convenience; however, the Company makes no representations whatsoever about any third-party Website or its content. Use of any external links provided is entirely at your own risk. It is your responsibility to ensure that you obtain all relevant information and that you read the privacy and security policy displayed on any third-party Website. The Company has no control over such third-party websites and will not be liable for any loss or damage that you may suffer, because of your use of third-party websites.
1.1.11. GOVERNING LAW
These Terms shall be governed in accordance with the laws of the Republic of South Africa, and you hereby submit to the jurisdiction of the South African courts. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a competent court in the Republic of South Africa, then that provision shall be severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
2.1.1 Alcohol sales
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.
2.1.2 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.
2.1.3 Content ownership
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.
2.1.4 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.
2.1.5 Delivery
DPD Laser 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 DPD Laser Express 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 DPD Laser Express 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.
2.1.6 Cancellations
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.
2.1.7 Refunds
Refunds are limited to the price paid.
2.1.8 VAT
VAT is currently charged at 14%. All prices listed by Frogitt & Vonkel are inclusive of VAT unless otherwise stated.
2.1.9 Warranty/guarantee
All products sold by Frogitt & Vonkel are sold without warranty or guarantee, save those transactions covered by our ‘Guaranteed Satisfaction’ offer as detailed.
2.1.10 Stock availability
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.
2.1.11 Online payment – Adumo Payment Gateway
All online credit card payments are processed by the Adumo Internet Payment Gateway. Card Holders may go to www.adumoonline.com to view Adumo’s security policies.
2.1.12 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.
Cheques
Note: Frogitt & Vonkel does not accept cheques
Frogitt & Vonkel will only issue refunds as per the method of payment originally utilised by the customer.
