FOUR ONE WINE

Welcome to the Four One Wine ‘Pty’ Ltd (“Four One Wine”) digital platform at www.fouronewine.com. Please take a moment to read these terms and conditions including our policies (collectively the “Terms”) to understand how they apply to your use of our website and any products that you may order online.

Please read these terms carefully. These terms apply to all our platforms. By using and/or accessing and/or downloading any of our platforms, you agree to be bound by our terms. If you disagree with any part of the terms then you should not use, access or download our platforms.

• TERMS OF USE

Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our website, www.fouronewine.com (“Website”). Please carefully read the following Terms of Use before using the website.  By accessing and using our website, you agree to be bound by, and to comply with, these Terms of Use.

These Terms of Use are effective from 01 July 2022.

Please read these Terms of Use carefully. They represent our entire agreement with you and supersede all prior terms, conditions, warranties and/or representations to the extent permitted by law. 

When we refer to “Platforms” in our Terms we mean all our websites, mobile sites, mobile apps, emails, social media platforms or any other technology or mechanism you may use to interact with us.

Please do not use our website or any other Four One Wine platforms if you do not agree to be bound by these Terms. Online purchases from Four One Wine are subject to these Terms. Certain additional Terms below apply specifically to online purchases. We recommend that you print off a copy of these Terms of Use for your records, as well as any future versions of them. We may periodically update or change the Terms, without notice. You should check them from time to time as your continued use of our website will mean you accept any updated or revised Terms.

If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

How we collect or obtain information about you

• When you provide it to us including but not limited to when you contact us, place an order on our website, sign up for our email newsletter, join our social networking sites, participate in a survey or quiz; enter a competition, or when you create or update an account, send a gift card or utilize our technical support or customer services. 
• When you communicate with us via phone, instant messaging, email or any other medium.
• From your use of our website, using cookies and similar technologies, and occasionally, from third parties.
• Information from third-party sources – we may receive additional information about you that is publicly or commercially available and combine that with the information we have collected or received about you in other ways. 
• We may also receive information about you when you choose to connect to our platforms with social networking services

Your login details 

• Some of our Platforms may require you to login, subscribe or register an account. In some instances, we may allow you to login, subscribe or register an account by allowing us to access your profile on a social media platform, such as Facebook. 
• Your username, password or other login information (“User ID“) will entitle you to access our Platforms, subject to you complying with our Terms. 
• Your User ID is personal to you. You:
  • should keep your User ID confidential and not disclose it to any third party; 
  • should inform us promptly if a third party gains access to your User ID; 
  • are responsible for all payments, use of, or activity on our Platforms under your User ID; 
  • will not do multiple logins (log-in at any one point in time more than once using the same User ID) or create false accounts; 
  • will not circumvent our User ID authentication procedures or systems; 
  • are liable for any damage, loss or costs sustained by you, us or by any third party howsoever arising as a result of any actions by you or any third party using your User ID.

• ONLINE SHOPPING TERMS

These online shopping terms and conditions apply to all purchases ordered online at www.fouronewine.com. Use of our online shopping website constitute your acceptance and agreement to be bound by the Terms of our website, including the additional online shopping terms below.

Product Sales and Availability

All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa, unless arranged with Four One Wine. All prices shown on our website are quoted in South African Rands and are valid and effective only in the Republic of South Africa. We reserve the right to discontinue or change the specifications of our products and services from time to time without notice. We will inform you as soon as possible if any products or services ordered by you are not available.

Colours, Shape, Patterns and Size

Due to the raw and natural nature of some of our crystal, gemstone and rawstone product(s), shape, colour patterns and size may vary. We have made every effort to display as accurately as possible the colours of the other products that appear on our website. However, as the actual colours you see will depend on the device that you use to access our website, we cannot warrant that your device’s display of any colour will be accurate.

Pricing Policy

You will be charged the prices that are reflected online, subject to availability. A delivery fee will be charged for each order placed by you, delivery charges are determined by packing size, weight and delivery location.

Refunds and Returns Policy

Defective items will be replaced. Four One Wine will not process Refunds for incorrect purchase or change of mind. All Refund requests need to be made in writing to shop@fouronewine.com or Whatsapp on +27 60 768 4971 within 5 days of purchase and shipped to us within 10 days. 

Should it happen that your item is defective, then you can send it back by completing the online returns form. The period for such a return is the same as any other return – 20 days after the item was received. A replacement item will be sent to you accordingly. Should it happen that we are out of stock, then you will be contacted by Customer Service.

In the event that Four One Wine chooses not to ship an item either due to stock availability or force majeure, you will be notified by email and any amount charged to your credit card will be refunded.

We cannot always guarantee availability of stock and will endeavour to deliver a substitute line where possible if you have authorised us to do so.

For more information on our Return and Refund Policy, please visit (xxxx.)

Confirmation of Orders

Orders placed on our website constitute your offer to purchase subject to these Terms. Your offer is deemed to have been accepted by us when you receive our confirmation of your order e-mail.

Risk and Ownership

Risk in the products shall pass to you or your authorized representative on delivery. We will retain ownership in the products until payment has been received in full.

Behavioural Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.

You can opt out of targeted advertising by using the links below:

– Facebook: https://www.facebook.com/settings/?tab=ads

– Google: https://www.google.com/settings/ads/anonymous

– Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at: http://optout.aboutads.info/.

Do not track

Please note that we do not alter our Site’s data collection and use practices when we see a Do Not Track signal from your browser.

Our rights

Use of our logos, content and images – You are not permitted to use the content of our website, our logos or any product or other images that appear on our website without our prior written consent. Unauthorised use, reproduction, modification and/or distribution is strictly prohibited and constitutes an infringement of our rights.

Your rights

You have the right to ask us not to contact you for marketing purposes. You can exercise this right at any time by using any of the various “opt-out” options that we will always provide to you when we send you marketing material. You cannot opt-out of routine service correspondence from us, because then we would not be able to provide services to you.

If you are an International User, please note that we are based in South Africa. Regardless of where you use or access our Platforms, your information may be transferred to and maintained on servers located in South Africa. Please note that any information we obtain about you will be stored in accordance with South African privacy laws, regulations and standards, which may not be equivalent to the laws in your country of residence. By using our Platforms you consent to this collection, transfer, storage and processing of information to and in South Africa.

If you are a South African resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information: info@fouronewine.com.

Additionally, if you are a South African resident we note that we are processing your information in order to fulfil contracts we might have with you (for example if you make an order through the Site), or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of South Africa.

Data Retention

When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.

Changes

We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.

• CONTENT

We own all Intellectual Property Rights or are entitled to use all of the Content made available on our Platforms. 

You may not, unless with our express consent:

• reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer, expose or otherwise transfer or use for commercial purposes any of our Content; 
• incorporate our Content into any other content for whatever purpose; 
• remove any legal notices (copyright, trademark or other proprietary rights notices) in or on our Content; or 
• frame any portion of a web page that is part of our Platforms. 
• You may retrieve, store, cite or refer to or print Content from any of our Platforms for educational, research, non-commercial, private or personal use only, as provided for under South African copyright law.

• AVAILABILITY OF PLATFORMS

While we try to make sure that our Platforms are available 24 hours a day, we shall not be liable if, for any reason, our Platforms are unavailable at any time or for any period. 

Access to our Platforms may be suspended in our discretion at any time. 

• LINKS TO OTHER WEBSITES 

Our Platforms may contain links to third party web sites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. 

You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, goods or services available on or through any such websites or services. 

• SECURITY AND PRIVACY 

We will be entitled to take whatever action we may deem necessary and reasonable to preserve the security and reliability of our Platforms. You may not use our Platforms in any manner which may compromise the security of our network or any other network connected to our network. We will deal with your personal information in accordance with the provisions of our Privacy Policy. 

• DISCLAIMER AND LIMITED LIABILITY 

You use our Platforms at your own risk. While we do our best to ensure that the information on our Platforms is correct, we do not warrant the accuracy and completeness of Content on our Platforms or that the Content and technology available from our Platforms are free from errors or omissions.

We may make changes to the Content or functions on our Platforms at any time without notice. The Content or functions of our Platforms may be out of date, and in this regard, we make no commitment to update such Content of functions. Were we do provide upgrades to certain Platforms, like our Apps, it is your sole responsibility to check for and install upgrades. 

To the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from your use or inability to use our Platforms. Our Platforms are supplied on an “as-is” basis and have not been compiled or supplied to meet any user’s individual requirements. It is your sole responsibility to satisfy yourself, prior to using our Platforms, that the services available on or through our Platforms will meet your individual requirements and be compatible with your hardware and/or software. 

Information, ideas and opinions expressed on our Platforms should not be regarded as professional advice or our official opinion and you are encouraged to obtain professional advice before taking any course of action related to information, ideas or opinions expressed on our Platforms. 

Submissions of Content to our Platforms are not editorially controlled by us and we will therefore not be liable for such Content. 

• USER RULES FOR USING OUR PUBLIC PLATFORMS 

You agree that when you use our Platforms, you will not:

• do anything which violates any of our Terms; 
• post, upload or transmit any Abusive Content to our Platforms (Abusive Content means Content which we consider to be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, hate speech, or which contains child, explicit or violent pornography, content which may be harmful to minors, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights, regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context); 
• do anything that does not comply with generally accepted Internet etiquette including, without limitation, the excessive use of capitalised text, the use of inflammatory or antagonistic criticism (“flaming”), or wastefully and unnecessarily including previous communications in any postings; 
• spam our Platforms; 
• commit fraud or make any misrepresentation; 
• violate or infringe the Intellectual Property Rights or privacy rights of another; 
• repeatedly post gratuitous off-the-topic communications; 
• use our Platform for commercial purposes; or 
• use our Platform for the purpose of advertising or marketing any business, product or service. 

• ENFORCEMENT OF OUR TERMS 

Should we consider you to be in breach of our Terms, then we may, without prejudice to any other rights which we may have under our Terms or in law to:

• give you a warning; 
• without notice, stop or suspend your subscription to or use of any or all our Platforms; and/or 
• comply with such obligations as may be imposed on us by law. 

• COMPETITION RULES 

We may conduct competitions on our Platforms from time to time. 

The following general rules will apply to all our competition: 

• The following persons are excluded from this competition: 
  • a director, member, partner, employee or agent of, or consultant to us or any other person who directly or indirectly controls or is controlled by us; and
  •  a supplier of goods or services in connection with the competition; and
  • the spouses, life partners, business partners or immediate family members of the parties referred to in 11.1.1.1 and 11.1.1.2. 
• All entries must be received by us before the competition closing date and time. If not, such entry will not be eligible, regardless of the reason for the late receipt of the entry. Entries received that are illegible will be void. 
• You have the right to decline the use of your image in marketing material, or an invitation to participate in any marketing activity, or an invitation to be present when the draw is taking place or the winner is announced. 
• Prizes are non-transferable. 
• The judge’s decision is final and no correspondence will be entered into. 
• Income and other taxes, if any, are the sole responsibility of the winner. 
• You may not be awarded a prize if it is unlawful for us to supply such a prize to you. ●
• No “automated” entries will be allowed and all entries must be made by a natural person manually on the Platform where the competition is hosted. 
• If any entry has been made in any manner which in our discretion may provide an entrant with an unfair advantage over other entrants, such entrant will be automatically disqualified from that and all future competitions run by us. 
• We may require you to provide us with additional information as we may reasonably require in order to determine the winner and/or to process and/or to facilitate your acceptance or use of a prize.

• GENERAL TERMS

If any provision of our Terms is or becomes unenforceable for any reason, then such

provision will be treated as if it had not been included in our Terms to the extent

that it remains unenforceable and shall not affect the validity of the remaining

provisions of our Terms.

The Terms are governed by and interpreted in accordance with the laws of the Republic of South Africa without giving effect to any principles of conflict of law, with you consenting to the exclusive jurisdiction of the courts of the Republic of South Africa.