TERMS AND CONDITIONS

Terms & Conditions:

 

1. Introduction:

 

1.1  This website can be accessed at www.jagerbrewerysa.co.za, related mobi-sites and software applications (the “Website”) and is owned and operated by Jager Brewery (Pty) Ltd (“Jager Brewery”, “we”, “us” and “our”).

1.2  These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of the product(s), and the use of the Website.

1.3  These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now”/”Sign up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.

1.4  The Website enables you to shop online for an extensive range of goods, which may include Alcoholic beers, cocktails and wine coolers (“product(s)”).

 

2.  Important Notice:

 

2.1  These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).

2.2  These Terms and Conditions contain provisions that appear in similar text and style to this clause and which:

       2.2.1   may limit the risk or liability of Jager Brewery; and/or

       2.2.2   may create risk or liability for the user; and/or

       2.2.3   may compel the user to indemnify Jager Brewery; and/or

       2.2.4   serves as an acknowledgement, by the user, or a fact.

2.3  Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.

2.4  If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Jager Brewery to explain it to you before you accept the Terms and Conditions or continue using the Website.

2.5  Nothing in these Terms and Conditions 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 Jager Brewery in terms of the CPA.

2.6  Jager Brewery permits the use of this Website subject to the Terms and Conditions. By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions.

 

3.  Registration and use of the website:

 

3.1  Only registered users may order the product(s) on the Website.

3.2  To register as a user, you must provide a unique username and password and provide certain information and personal details to Jager Brewery. You will need to use your unique username and password to access the Website in order to purchase the product(s).

3.3  You agree and warrant that your username and password shall:

       3.3.1   Be used for personal use only; and

       3.3.2   Not to be disclosed by you to any third party.

3.4  For security purposes you agree to enter the correct username and password whenever ordering the product(s), failing which you will be denied access.

3.5  You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.

3.6  You agree to notify Jager Brewery immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.

3.7  By using the Website you warrant that you are 18 (eighteen) years of age or older and of full legal capacity. If you are under the age of 18 (eighteen) you are not legally permitted to enter into a binding agreement and purchasing any products from the Jager Brewery website.

3.8  You agree that you will not in any way use any device, software or other instruments 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 herein, without the prior written consent from an authorised Company representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).

3.9  You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

3.10  You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Company representative from Jager Brewery.

 

4.  Product pricing:

 

The price of each product is given on the product information page (“the product page”) on the site. The product price displayed always includes VAT at 15%.

 

5.  The conclusion of Sale and availability of stock:

 

5.1 The site allows you, the registered user, to place electronic orders (“order”) for one or more products on offer, which Jager Brewery may accept or reject. Whether or not Jager Brewery accepts an order depends on the availability of the product(s), the correctness of the information relating to the product(s) (including without limitation the price) and receipt of payment or payment authorisation by Jager Brewery for the product(s).

5.2  A purchasing contract (“sale”) between you and Jager Brewery only comes into effect once you have fully completed AND submitted the online order form for one or more products in your shopping cart (“cart”) AND your payment has been authorised by Jager Brewery (or has been received into Jager Brewery’s bank account).

5.3  The above is dependent on the product being available.

5.4  Orders may not be cancelled after receipt of payment of the product(s) by Jager Brewery. After dispatch of your product(s), you may cancel the sale only in accordance with the Return Policy.

5.5  Placing the product(s) in a shopping cart without completing the purchase cycle does not constitute an order for the product(s), and as such, the product(s) may be removed from the shopping basket if the stock is no longer available. You cannot hold Jager Brewery liable if the product(s) is no longer available when you complete or attempt to complete the purchase cycle at a later stage.

5.6  A tax invoice will be emailed to the email address on your Jager Brewery profile. A delivery note will be included with your order – please note that no prices are visible on the delivery note.

 

6.  Making a payment:

 

6.1  We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.

6.2  Payment can be made for the product(s) via:

       6.2.1   credit card: where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases, we reserve the right to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation, your order for the product(s) will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying the product(s). You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

6.3  You may contact us via email at info@jagerbrewery.co.za to obtain a full record of your payment. We will also send you email communications about your order and payment.

6.4  Once you have selected your payment method and you accept these Terms and Conditions, you will be directed to a link to a secure site for payment of the applicable purchase price for the product(s).

 

You can pay on Jager Brewery using your Visa or MasterCard credit or debit card or PayPal.

 

7.  Cancelling and ending orders:

 

7.1  Jager Brewery reserves the right to refuse to process of payment for any order and/or to cancel any purchase, partly or completely, with notice given to you.

7.2  Jager Brewery will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30-days of the order being delivered.

 

8.  Delivery:

 

8.1  Jager Brewery offers one method of delivery of the product(s) to you, which is via courier.

8.2  Jager Brewery does not deliver to PO Box addresses.

8.3  Where it accepts your order, Jager Brewery will deliver the product(s) to you as soon as reasonably possible, but no longer than 10 business days from receipt of your payment and appearing in Jager Brewery bank account. (“Delivery Period”). We will notify you if we are unable to deliver the product(s) during the Delivery Period. You may then, within 7 (seven) days of receiving such notification elect whether or not to cancel your order for the product(s). If you elect to cancel your order, we will reimburse you for the purchase price.

8.4  As a buyer, you indicate where in South Africa you require delivery, as well as contact numbers to be used in connection with delivery.

8.5  Your parcel will be delivered to the address you specified in the checkout process.

8.6  If nobody is present at the address at the time of delivery, the courier will on the second attempt of delivery leave a note (in the letterbox if a residential address) to indicate that there was an attempted delivery, whereupon the parcel will be returned to Jager Brewery’s warehouse.

8.7  Should a repeated delivery (second Delivery) attempt be unsuccessful, you be contacted whereupon a refund will automatically be processed within 30 working days.

8.8  In the event of a refund relating to an unsuccessful delivery, the buyer or you will incur an R50 penalty deduction on the refunded amount to cover the courier cost.

8.9  Unless we inform you otherwise before you place your order and before the final confirmation, the estimated maximum delivery time for an order in South Africa – for Standard delivery is 10 business days.

8.10 As outlined above, all of Jager Brewery’s standard deliveries take place during business hours i.e. there are no deliveries over weekends or on public holidays. Please take this into consideration when selecting your delivery address.

8.11 A delivery is considered complete as soon as the parcel is accepted and signed for either by the customer or by an individual on the customer’s behalf at the specified delivery address.

8.12 It is your responsibility, as a buyer, to ensure that you or the intended receiver of the gift (when applicable) inspect(s) the parcel on arrival and makes known any justifiable complaints. The receiver has the right to refuse the parcel if it appears to have been opened or if it has clearly been damaged.

8.13 Such complaints and claims must be brought to the attention of Jager Brewery by calling our office at 058 813 1015 (Monday to Friday, 08:00 to 17:00) or by sending an email to info@jagerbrewery.co.za

8.14 In the event that a parcel is declared missing, should the stock be available a replacement order will be sent to the customer via the intended original delivery method.

8.15 If the stock is not available, the order (at Rand value paid) will be refunded.

8.16 Jager Brewery will contact the customer in both cases to advise possible delays and/or preferred refund method.

 

9.  Fraud:

 

9.1  Jager Brewery reserves the right, in the interest of preventing fraud, to refuse the processing of payment for any order and/or to cancel any purchase, partially of completely.

9.2  Jager Brewery may request documentation to complete the necessary fraud checks and cancel any other where the necessary documentation is not provided in a timely manner.

9.3  Jager Brewery does not provide order details relating to orders suspected of fraud.

 

10.  Defective items, returns and reimbursement:

 

If you are dissatisfied with your purchase due to a defect, incorrect product choice or other reason, you may return it to Jager Brewery within 7 days of receipt of delivery, via the same delivery method, which the parcel was received. If you are based in South Africa, you can receive a refund. In the case of a damaged or incorrect item having been delivered, Jager Brewery will evaluate each case on its own merit and issue a refund upon proof of the damaged/incorrect goods.

 

11.  Sales records:

 

Complete records of each transaction between you and Jager Brewery are kept on the site for 12 months after a particular purchase or related transaction. During this time, you will be able to view and print out these records. After the 12-month period, the responsibility of keeping such records fall onto you.

 

12.  Competitions & Promotions:

 

Jager Brewery may release printed or digital discount coupons (“coupons”) from time to time. Such coupons may be available through the website and/or from a third-party website, in magazines and other media. Coupons can be used to secure a discount on the site as long as the coupon is valid. Given expiry dates cannot be moved.

12.1  Jager Brewery reserves the right to stop any promotion at its own discretion.

 

13.  Security:

 

13.1  Anyone downloading or trying to download malware or damaging coding on this site, or who tries to gain unauthorised access to any page on this site, will be prosecuted.

13.2  Jager Brewery will claim damages from such person if Jager Brewery suffers any damage or loss.

13.3  You agree and warrantee that the username and password you use to log in is for your personal use only, and will not be passed on to any third party.

 

14.  Indemnity:

 

Jager Brewery is responsible for adhering to the Consumer Protection Act 68 of 2008 (“CPA”) with the sale of any products from the site. Similarly, Jager Brewery is responsible for adhering to articles 43(5) and 43(6) of the Electronic Communication and Transactions Act in terms of payment systems and security.

 

However, neither Jager Brewery nor any of its representatives will be held responsible for any loss or accountability of any kind that arises from the use of (or inability to use) this site, its services or content.

 

Furthermore, Jager Brewery provides no guarantee, implied or otherwise, that the content or technology attached to this website is free of errors or omissions. Nor is there any guarantee whatsoever that services will be 100% uninterrupted or faultless. We encourage you to report any possible malfunctions and errors by emailing info@jagerbrewery.co.za.

 

15.  Applicable Laws

 

15.1  This is offered, controlled and run

15.2  Jager Brewery will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30-days of the order being delivered.  

 

Jager Brewery may, at its own discretion, change these terms and conditions or any part thereof. As indicated in the T&Cs, it is the responsibility of the registered account holder or user to familiarise yourself with the T&Cs before using the site. By registering, or using the site at all, you recognise that you’ve read, accepted and agreed to be bound by these T&Cs and indemnify Jager Brewery (PTY) Ltd against any loss, which may occur from using this site www.jagerbrewerysa.co.za

 

16.  Disputes

 

16.1  Jager Brewery reserves the right to refuse to process of payment for any order and/or to cancel any purchase, partly or completely, with notice given to you.

16.2  Jager Brewery will be liable for reimbursing you the rand value paid only if you have already paid for the cancelled order. You have the right to return non-defective products purchased within 30-days of the order being delivered.

 

17.  Terms and Discontinuation

 

These terms and conditions take effect on the date of first publication of the website and continue indeterminately. They may be revised by Jager Brewery from time to time (as described above), for as long as the website continues to exist and be operated. Jager Brewery is entitled to terminate these terms and conditions or close down the website at any time, subject to processing any pending purchases.

 

18.  Copyright and other intellectual property

 

Any and all copyright relating to the website, including these terms and conditions, is held by Jager Brewery. All rights not expressly given are reserved. You may download, view and print content from this site only for private and non-commercial ends. To obtain permission for commercial use of any content from this site, please send an email to info@jagerbrewery.co.za, or call the office on 058 813 1015 during office hours. Jager Brewery is unable to edit or screen all content. We advise you to inform Jager Brewery of any offensive or illegal material. All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, links, private information, designs and agreements, are the property of/or under licence of Jager Brewery. As such they are protected by local legislation.

 

19.  Link, ‘Framing’, ‘Spiders’ and ‘Crawlers

 

No person, business or website may be linked to any page on this site without prior written permission from Jager Brewery. Such permission will be considered as soon as a request is obtained by sending an email to info@jagerbrewery.co.za or by calling the office at 058 813 1015.

 

20.  Jager Brewery corporate information

 

The Electronic Communication and Transactions Act determines that when goods or services are provided via certain electronic transactions, the seller must make certain information public on the site where the goods or services are offered.

 

Jager Brewery information is as follows:

JAGER BREWERY (Pty) Ltd

Reg.Nr 2015/256689/07

 

Address:

19 Russel Street

Frankfort

Free State

9830

Tel: 058 813 1015

 

Directors: JH De Jager, SH De Jager, W.C. De Jager

Website: www.jagerbrewerysa.co.za

Official email address: info@jagerbrewery.co.za

 

 

Legally binding contract:

 

All users and account holders, including those that buy from the site (“buyers”), are bound by these terms and conditions (“T&Cs”). By registering, or using the site at all, you recognize that you’ve read, accepted and agreed to be bound by these T&Cs. Should there be any clause in these T&Cs that you do not understand, the onus is on you to ask Jager Brewery to explain the relevant clause to you before you accept the T&Cs by using or buying from the site.

 

With whom are you entering into a contract?

 

The site is owned and run by Jager Brewery (Pty) Ltd, registration number 2015/256689/07, a company incorporated in the Republic of South Africa (hereinafter referred to as “Jager Brewery”)

 

Products and availability:

 

Please note that the stock of all items on offer is limited. Jager Brewery will make all reasonable attempts to ensure that special offers are brought to an end when stock runs out. If it happens that Jager brewery is unable to fulfil any order at the advertised price because the stock is sold out, Jager Brewery will inform you via email and you’ll be entitled to a reimbursement for the Rand value you have paid for such product. This is described in more detail under Jager Brewery’s Delivery and Returns section.

 

 

Privacy Law

 

1.  Jager Brewery respects your privacy and will take all reasonable measures to protect it, as more fully detailed below.

2.  Should you decide to register as a user on the Website, Jager Brewery may require you to provide Jager Brewery with personal information which includes but is not limited to:

     2.1  your name and surname;

     2.2  your email;

     2.3  your physical address;

     2.4  your gender;

     2.5  your mobile number;

     2.6  your date of birth.

3.  Should your personal information change, please inform Jager Brewery and provide Jager Brewery with updates to your personal information as soon as reasonably possible to enable us to update your personal information.

4.  You may choose to provide additional personal information to Jager Brewery, in which event you agree to provide accurate and current information, and not to impersonate or misrepresent any person or entity or falsely state or otherwise misrepresent your affiliation with anyone or anything.

5.  Jager Brewery is entitled to use or disclose your personal information if such use or disclosure is required in order to comply with any applicable law, the order of the court or legal process served on Jager Brewery, or to protect and defend our rights or property.

6.  Subject to clause 5 above, Jager Brewery will not, without your express consent:

     6.1  use your personal information for any purpose other than set out above:

     6.2  pursuant to a corporate transaction in terms of which Jager Brewery sell any of our business or assets to a buyer of such businesses or assets.

7.  Jager Brewery will ensure that all of Jager Brewery’s employees, third party service providers, divisions, affiliates and partners (including their employees and third party service providers) having access to your personal information are bound by appropriate and legally binding confidentiality and non-use obligations (save as permitted herein) in relation to your personal information.

8.  Jager Brewery will:

     8.1  treat your personal information as strictly confidential;

     8.2  take appropriate technical  and organisational measures to ensure that your personal information is kept secure and is protected against unauthorised or unlawful processing, accidental loss, destruction or damage, alteration, disclosure or access;

     8.3  provide you with access to your personal information to view and/or update personal details;

     8.4  promptly notify you if we become aware of any unauthorised use, disclosure or processing of your personal information;

     8.5  provide you with reasonable evidence of our compliance with our obligations under this policy on reasonable notice and request;

     8.6  upon your request, promptly return or destroy any and all of your personal information in our possession or control; and

     8.7  not retain your personal information longer than the period for which it was originally needed, unless we are required by law to do so, or you consent to us retaining such information for a longer period.

9.  Jager Brewery undertakes never to sell or make your personal information available to any third party other than as provided for in this policy unless we are compelled to do so by law. In particular, in the event of a fraudulent online payment, Jager Brewery reserves the right to disclose relevant personal information for criminal investigation purposes or in line with any other legal obligation for disclosure of the personal information which may be required of it.

10. Whilst we will do all things reasonably necessary to protect your rights of privacy, we cannot guarantee or warrant or accept any liability whatsoever for unauthorised unlawful disclosures of your personal information, whilst in our position, made by third parties who are not subject to our control.

11. If you disclose your personal information to a third party, such as an entity which operates a website linked to this website or anyone other than Jager Brewery, Jager Brewery shall not be liable for any loss or damage, however arising , suffered by you as a result of the disclosures of such information to the third party . This is because we do not regulate or control how any third party making use of your personal information.

12. This website makes use of “cookies” to automatically collect information and date through the standard operation of internet services.

 

 

Governing law and jurisdiction

 

These Terms and Conditions and our relationship and or dispute from or in connection with these terms and conditions shall be governed and interpreted in accordance with the laws of the Republic Of South Africa.

 

Notices

 

Jager Brewery (Pty) Ltd, hereby selects 19 Russel Street Frankfort 9830 Free State as its address for the service of all formal notices and legal proceedings in connection with these terms and conditions. Jager Brewery may change the address from time to time by updating these terms and conditions.