1. Introduction

   1.1. The following General Terms and Conditions of Sale govern the sale and purchase of products listed on South Hill Vineyard, Restaurant, Cellar and website.

1.2. Ordering over the South Hill Vineyards Website to purchase any Products indicates your agreement to comply with and be bound by these General Terms and Conditions of Sale, and with effect from the acceptance by South Hill Vineyards (Pty) Ltd of any such order, they will form a binding contract between:

1.2.1. you (“the Customer”) and South Hill Vineyards (Pty) Ltd (1990/004421/07) Registration Number: , trading as South Hill Vineyards (Pty) Ltd, a South African limited liability company. 

2. Orders

2.1. Orders placed by you is subject to e-mail confirmation by South Hill (Pty) Ltd, before it is deemed to have been accepted.

2.2. Please note that the Products displayed on the Website may from time to time be out-of-stock, or they may have been discontinued, or out of stock.

2.3. Alcoholic products are not sold to persons under the age of 18 years, and South Hill Vineyards reserves the right to refuse any order its sole discretion. 

3. Prices, Payment and VAT

3.1. All Product prices, shipping charges (“Shipping Costs”) and other costs are stated in South African Rand (ZAR), and are inclusive of value added tax (“VAT”).

3.2. Prices and charges may change without notice from time to time.

3.3. You shall be required to make payment in respect of any order you wish to place, including shipping costs, as the final step in the order process, at the payment page, following check-out (“the Payment Page”).

3.4. No order shall be deemed to have been placed by you until such time as payment for the order has been made and reflected in South Hill Vineyards Bank Account. 

4. Shipping
   
   4.1. South Hill Vineyards will be responsible for providing and arranging the fulfilment of each order, and the delivery thereof to the relevant shipping address selected by you.

4.2. Subject to availability and receipt of payment, delivery will be made to the address specified by you.

4.3. Estimated delivery time for orders to be delivered within the Republic of South Africa will range between 5 – 7 working days (being days other than a Saturday, a Sunday or officially recognised South African public holidays).

4.4 Estimated delivery time for an order to be delivered outside the borders of the Republic of South Africa will be notified to you after such an order has been placed. In neither case shall South Hill Vineyards be liable for any failure to comply with estimated delivery times.

4.5. You acknowledge and agree that:

4.5.1. Shipping Costs for orders less than R1200.00, which shall include VAT, shall be for Customer’s account, and shall be payable in accordance with the provisions of clause 3 above.

4.5.2. Should Customer have stipulated a delivery address outside the borders of the Republic of South Africa, the cost of import or customs duty is likewise for the Customer’s account, and shall be payable in accordance with the provisions of clause 3 above.

4.6 Free shipping will be granted on orders in excess of R1200.00. Mixed cases are welcome, only full cases of 6 bottle will be shipped. 

5. Returns 

5.1. If for any reason you are not satisfied with any Product ordered via the Website, you may (subject to the provision of this clause 5) return such Product to the physical address set out below, save that if the Product is a Vintage and/or an International Wine, or should the Product have been designated on the Website as non-returnable, the Product will not be returnable or refundable under any circumstances.

5.2. Returns shall be sent to South Hill Vineyards, 113 The Valley Road, Elgin, 7180

5.3. South Hill Vineyards will not accept any return unless the Product that you wish to return:

5.3.1. is returned in its original packaging;

5.3.2. is sealed effectively to allow for return shipping without compromising the content;

5.3.3. is shipped within 5 days of the date that you received delivery of the Product;

5.3.4. is, where you are returning a number of Products that were received as part of the same order, returned in one single shipment;

5.3.5. is shipped from South Africa;

5.3.6. contains, where the Product is a bottle of wine, at least three quarters of its contents, and is sealed effectively utilizing the original cork; and

5.3.7. is not a Product falling in the Vintage or International Wines category, or which is otherwise designated on the Website as ‘non-returnable’,

together, “the Return Conditions”. 

9. Force Majeure

9.1. Neither South Hill Vineyards nor the Seller(each of them “a Fulfiller”) shall be liable to you for a failure to perform any of their obligations in terms of these General Terms and Conditions of Sale where:

9.1.1. such failure was due to an impediment beyond the Fulfiller’s reasonable control;

9.1.2. the Fulfiller could not reasonably have been expected to have taken such impediment and its effects upon the Fulfiller’s ability to perform into account at the time of conclusion of these General Terms and Conditions of Sale; and

9.1.3. the Fulfiller could not reasonably have avoided or overcome the impediment or at least its effects.

9.2. For purposes of this clause 9, the following events (which enumeration is not exhaustive) shall be deemed to be impediments beyond the control of the Fulfiller, namely:

9.2.1. war, whether declared or not, civil war, civil violence, riots and revolutions, acts of piracy, acts of sabotage;

9.2.2. natural disasters such as violent storms, cyclones, earthquakes, floods and destruction by lightning;

9.2.3. explosions, fires and destruction of plant, equipment, machinery and machines and of any kind of installations;

9.2.4. boycotts, strikes, labour unrest, industrial actions and lock-outs of all kinds, including, without limiting the generality of the afore going, go-slows, suspension of labour, labour disturbances, interference by trade unions, occupation of or work stoppages; and

9.2.5. acts of authority, whether lawful or unlawful, apart from acts for which the Fulfiller has assumed the risk.

9.3. Relief from liability for non-performance by reason of the provisions of this clause 9 shall commence on the date upon which the fulfillers first affected by the impediment, and shall terminate upon the date upon which such impediment ceases to exist.

9.4. If such impediment has not been overcome or its effect so nullified within a period of 60 (sixty) days, then either you or the fulfiller shall be entitled (as its sole remedy therefor) to cancel the order/s so affected, and no party shall have any claim against any of the others of them, arising out of such cancellation, whatsoever. 

13. General
    
    13.1. South Hill Vineyards reserves the right to make changes to these General Terms and Conditions of Sale, and/or the Privacy Policy, at any time. Revisions will apply from the date of the publication of the revised terms on the Website, and shall not have retrospective application.

13.2. If any provision of these General Terms and Conditions of Sale is determined to be invalid, illegal or unenforceable, the remaining provisions of these General Terms and Conditions of Sale remain in full force to the extent permitted by law.

13.3. The laws of South Africa (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to these General Terms and Conditions of Sale, including, without limitation, their validity, interpretation, construction, performance, and enforcement. All legal proceedings arising out of or in connection with these General Terms and Conditions of Sale shall be brought in South Africa.

13.4. These General Terms and Conditions of Sale (which incorporate the Privacy Policy by reference) constitute the entire agreement between you, South Hill Vineyards  and the Seller in relation to your purchase of Products via the Website from time to time, and supersede all previous agreements in respect of your purchase of Products via the Website.

13.5. When any number of days is prescribed in these General Terms and Conditions of Sale, same shall be reckoned exclusively of the first and inclusively of the last day unless the last day falls on a day that is not working day, in which case the last day shall be the next working day.

13.6. In the event of a conflict between the provisions of these General Terms and Conditions of Sale and the provisions of the Seller’s documentation, the provisions of these General Terms and Conditions of Sale shall take precedence to the extent of the conflict, unless otherwise agreed by P2P and the Seller in writing.

13.7. The rule of construction that a contract shall be interpreted against the party responsible for the drafting or preparation of the contract, shall not apply to these General Terms and Conditions of Sale.

13.8. Any reference in these General Terms and Conditions of Sale to a party shall include a reference to that party’s assigns expressly permitted under these General Terms and Conditions of Sale and, if such party is liquidated or sequestrated, be applicable also to and binding upon that party’s liquidator or trustee, as the case may be