Terms of Use

OVERVIEW

Refuelstation.co.za (the “website”) is an internet-based wine retailer and wine information service. This website and services is operated by Harris & Mapson (Pty.) Ltd trading as The Refuel Station and The Grille Shack. Throughout the site, the terms “we”, “us”, “the company” and “our” refer to Harris & Mapson Pty. (Ltd.) trading as The Refuel Station and The Grille Shack. The company offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptable of all terms, conditions, policies and notices stated and implied here.

Accessing our site and/or purchasing products from us, is subject to your compliance with the terms and conditions set forth below, including those additional terms, conditions, and policies referenced hereto. These Terms of Use apply to all users of the site, including, without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. Please carefully read these before accessing or using the website. By accessing or using any part of the website, you agree to be legally bound by the Terms of Use set forth below. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of our services. It is your responsibility to review this document regularly, and to ensure that you agree with any amendments to these terms. Any new features or tools which are added to the current website shall also be subject to the Terms of Use. We reserve the right to update, change, or replace any parts of these Terms of Use by posting updates and/or changes to our website. You can review the most current version of the Terms of Use at any time of this page. If you do not agree with any amendments to these Terms of Use, you may no longer access the website. Your continued use of our website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on PayFast. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Chapter VII of the ECT Act grants certain rights to any natural person who enters or intends to enter into an “electronic transaction” with us on the website. None of these Terms of Use are intended to limit the rights so granted by the ECT Act.

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

These Terms of Use are effective unless and until terminated by either you or us. At any time, you may terminate these Terms of Use by notifying us that you no longer wish to use our website and services, or when you cease using our site. If we suspect or judge that you have failed to comply with any term or provision of these Terms of Use, we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to, and including the date of termination and/or accordingly may deny you access to our services or any part thereof.

SECTION 1: GENERAL CONDITIONS & DISCLAIMER

The sections used in this agreement are set out for convenience and will not limit or affect these Terms. We reserve the right to refuse service to anyone for any reason at any time. When making an online transaction, you understand that your content (not including credit card information), may be transferred unencrypted and involve a) transmission over various networks, and b) changes to conform and adapt to technical requirements of connecting networks or devices. The content on this website is the intellectual property of the company and as such protected by South African and International Intellectual Property Law. No content or part of this website and its services may be redistributed in any form, including but not limited to, copying, forwarding, selling, or reselling without our written permission.

To the fullest extent permissible by law, we disclaim all warranties of any kind, whether expressed or implied. Your use of the website is entirely at your own risk. Although steps have been taken to verify information presented on or through the website, we do not represent or endorse that the accuracy or reliability of any advice, opinion, statement, recommendation, or other information contained, displayed, or distributed by the Refuel Station website. This includes content other users may publish. You accept that any reliance upon such information shall be at your sole risk. We reserve the right to correct any errors or omissions on the website without notice to any users.

You agree that neither we, or the company’s associates shall be liable in respect to any loss, damage, or damages, including your access to the website. We have and will use reasonable endeavours to make the website and its services available to you at all times. However, you agree that we shall not be liable in respect to any loss or damages caused by or arising from the unavailability or interruption in your access to the website, in part or as a whole, for any reason whatsoever.

Our prices (VAT included) are valid while stocks last. Vintages are subject to differ from those advertised. We reserve the right to increase prices, limit order quantities, and do not permit traders.

SECTION 2: LEGAL AGE AND CAPACITY

The age at which wines may be sold and delivered to persons is legislated in each country. The sale of Wine to Minors is Prohibited by Law. In the Republic of South Africa, wines may be sold and delivered only to persons who are at least 18 years of age. By ordering from the website, you affirm that you are at least the applicable legal age and that the person to whom your wine will be delivered is also of applicable legal age. You may not use our products or services for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction, including, but not limited to, copyright laws. Upon wine delivery, the person receiving delivery may be required to show a valid identification document proving that he or she is of applicable legal age. A breach or violation of any of the Terms of Use will result in an immediate termination of your Use.

Furthermore, you may not access the website nor accept these Terms of Use if you lack the legal capacity to enter into a binding contract with us. By accessing the website, our services, and/or content, you represent and warrant that you are of full legal age, or are emancipated, or have your legal guardian’s consent to enter into these contractual Terms of Use.

SECTION 3: CONTACT INFORMATION

Questions about the Terms of Use should be sent to manager@refuelstation.co.za.

SECTION 4: PRIVACY

To protect your personal information, we shall take reasonable steps. Personal information is collected either electronically, or is provided voluntarily by the website’s users/visitors. Collected personal information may be deleted from the website and database when your account on the website is terminated for any reason. By accessing or registering on the website, you are consenting that we may electronically collect, store, and use personal information, including but not limited to your name, surname, age, gender, addresses, personal preferences, browsing history, purchase history, click patterns, and IP address. If you do not consent to this, do not access or register on the website. You may determine cookie use through your web browser settings. At any time, you may request details of your personal information we collect, store, and use. It is your responsibility to ensure that your personal information is accurate and complete, and you must notify us if our database reflects your personal information inaccurately or incompletely to enable us to amend this. We may compile, use, and share any anonymised information that does not relate to a specific individual. We shall never share, disclose, or sell the personal information unless we are required to do so by law.

SECTION 5: WEBSITE INFORMATION

While reasonable steps have been taken, we are not responsible if information on this website is not accurate, complete, or current. Content on this site, including content, such as review comments, left by other users, is provided for general information only and should not be relied upon as the sole basis for decision making. Any reliance on the material on this site is at your own risk. We reserve the right to correct any errors or omissions on the website without notice to any users except when required by law. You agree that it is your responsibility to monitor changes to our site.

Occasionally, there may be information on our website and/or services that contains errors that may relate but are not limited to product descriptions, pricing, promotions, discounts, shipping charges, transit times, and availability. We reserve the right to cancel orders at any time without prior information if any information in the website and/or service on any related website is inaccurate.

SECTION 6: CONDITIONS AND MODIFICATIONS TO THE SERVICE AND PRICES

Certain products or services may be available exclusively in The Refuel Station or online through the website. Product or services may have limited quantities and are subject to return or exchange according to our Return Policy. We cannot guarantee that products will appear the same in real life as on your computer or device display. We reserve the right to limit the quantities of any products or services that we offer. Product descriptions and pricing are subject to change at any time and without notice at our sole discretion. We deserve the right to discontinue any product or service at any time. We do not warrant that the quality of any product, service, or content on the website will meet your expectations, or that any errors in the website will be corrected.

Prices for our products are subject to change without notice. At any time, we reserve the right to modify or discontinue the service or any content without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuance of the website and/or service.

SECTION 7: THIRD-PARTY LINKS & OPTIONAL TOOLS

Some of our available content, products, and service may include materials from third-parties. Links to and from our website to third-party links do not constitute our endorsement or affiliation. This includes third-party website content, and do we necessarily associated ourselves with their owners and/or operators. We are not responsible for examining or evaluating third-party content or accuracy and we do not warrant or have liability for third-party content or services. It is your responsibility to carefully review third-party policies and raise complaints, concerns, or questions regarding the third-party with the third-party. We are not liable for any harm or damages relate to the purchase or use of goods, services, resources, content, or any other transactions make in connection with any third-party websites. Your interaction, correspondence, and any business dealing with any third-party link is entirely at your own risk.

We do not monitor or have control over third-party tools and we bear no liability for your use of optional third-party tools. Use of third-party optional tools is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the third-party terms of these tools.

SECTION 8: INDEMNITY

You hereby indemnify us and the company’s associates from any loss, damage, damages, liability, claim, or demand due to or arising out of your use of the website or your breach of these Terms of Use, or your violation of any law or the rights of a third-party.

SECTION 9: APPLICABLE LAW AND PROHIBITED USES

The website is created, maintained, and controlled in the Republic of South Africa. As such, the laws of the Republic of South Africa and the jurisdiction of the South African Court govern this user agreement and the use or inability to use the website.

The ECT Act requires a disclosure in as far as transactions on the website are classified as “electronic transactions.” In terms of the ECT ACT, we disclose the following information in terms of Chapter VII:

Our full name and legal status: Harris & Mapson (Pty.) Ltd., Company Registration Number 20131034715107

Street address: The Grille Shack, Faure Marine Drive, South R44, Steenbras River Mouth,

Postal address: The Grille Shack, Faure Marine Drive, South R44, Steenbras River Mouth,

Physical address for receipt of legal service: The Grille Shack, Faure Marine Drive, South R44, Steenbras River Mouth,

Including the other prohibitions set forth in the Terms of Use, you are prohibited from using this site or its content in any unlawful or antisocial manner. We reserve the right to terminate your use of the website or any other related services for violating any of the prohibited uses.

We do not screen or filter content provided by third parties and hyperlinks to other sites. Therefore, we do not accept any liability for defamatory, illegal, or criminal content contained on those sites. Complaints and concerns should be directed to the third-party customer support channels.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use any comments that you forward to us, or involves us. We are under no obligation to maintain any comments in confidence, respond to comments, or pay compensation for any comments. We have no obligation to monitor, edit, or remove content that in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise offensive or violates any right of personal or proprietary right. You further agree that your comments will not contain such antisocial, abusive, offensive, or unlawful material or any computer viruses that could affect any of our services. False email addresses, fake identifies, or any misleading information is not permitted, and you are solely responsible to ensure your comments and information is accurate. We, and our associates, take no responsibility or liability for any comments made by you or any third-party.

SECTION 10: ORDER, BILLING, AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. In cases, we may limit or cancel quantities purchased per person, household, or order. These restrictions extend to orders placed under the same customer account, credit card, billing and/or shipping address. We may attempt, but do not guarantee, to notify you by email in the event that we make changes or cancel an order.

It is your responsibility to provide current, complete, and accurate purchase and account information for all purchases made on our website. You agree to promptly update your information so that we can complete your transactions and contact you if needed. For further details, please review our Return Policy.

SECTION 11: DISCLAIMER OF WARRANTIES

We do not guarantee, represent, or warrant that your use of our website and service will be uninterrupted, timely, secure or error-free. We do not warrant that the results obtained from the use of the website, products, and service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice or explanation to you. You expressly agree that your use of, or inability to use, the service and/or website is at your sole risk.

SECTION 12: RIGHTS INFRINGEMENT

If you are of the view that your rights have been infringed through the unlawful use of the website, you may address a complaint to us which contains/satisfies the following information:

• The full names and address of the complainant
• The written or electronic signature of the complainant
• Identification of the right that has allegedly been infringed
• Identification of the material or activity that is claimed to be the subject of unlawful activity
• Telephonic and electronic contact details, if any, of the complainant
• A statement that the complainant is acting in good faith
• A statement by the complainant that the information provided is to his or her knowledge true and correct

Please address your notifications to:

General Manager
manager@refuelstation.co.za 

Upon receipt of a complete and properly formulated complaint notice, we will investigate the complaint and take appropriate action where necessary. Such action may include, but is not limited to, removing or editing content from the website and/or suspension or termination of the offending registrant or third party.

SECTION 13: ARBITRATION

If any dispute arises, then we agree to attempt to resolve said dispute informally by means of joint co-operation or discussion between the directly concerned parties within 5 business days after the dispute arises, or agreed extensions. In the event that we are unable to informally resolve our dispute, said dispute shall be resolved in accordance with the Rules of the Arbitration Foundation of Southern Africa by an arbitrator appointed by the Foundation. Arbitration proceedings shall take place in Cape Town. Awards made by the arbitrator are final and binding.

This clause shall constitute your irrevocable consent to the arbitration proceedings, and you shall not be entitled to withdraw your consent or to claim that you are not bound by this clause. We may, at our discretion, waive this clause and permit our dispute to be resolved using an alternate dispute resolution process.

This clause is severable from the rest of this agreement and shall therefore remain of full force and effect even if this agreement is terminated or cancelled for any reason at any time. Subject to the provisions of the RIC Act, you agree to permit us to intercept, block, filter, read, delete, disclose and use all communications you send or post to the website and/or to our staff and/or employees and/or stakeholders. You agree and acknowledge that the consent you provide above satisfies the “writing” requirement specified in the ECT Act and in the RIC Act.

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These terms and any policies or operating rules posted by us on this website constitutes the entire agreement and understanding between you and us and govern your use, superseding any prior or concurrent agreements, communications and proposals between you and us. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.