African Spirits

TERMS & CONDITIONS

Important Notice

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

The African Spirit Distillery 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

Updating of these Terms and Conditions

The African Spirit Distillery reserves the right to change, modify, add to or remove from; portions or the whole, of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of this Website following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.

Content and Ownership

Content currently or anticipated to be displayed on this Website is provided by The African Spirit Distillery (“the Content”). All such proprietary works and the compilation of the proprietary works are owned by The African Spirit Distillery (“the Owners”). The Providers reserve the right to make any changes to the Website, the Content, or to products offered through the Website at any times and without notice. Legal Action will be taken if any of the content owned by The African Spirit Distillery is used without consent. Without limitation, all related logos, labels, bottle designs and all other intellectual property associated with The African Spirit Distillery brand are owned by the Company.

Limited License to General Users

The African Spirit Distillery grants to the User, subject to the further terms of these Terms and Conditions, a non-exclusive, non-transferable, limited and revocable right to access, display, use, download and otherwise copy the current and future Content for personal, non-commercial and information purposes only.

This Website and the Content may not be reproduced, duplicated, copied, resold, visited or otherwise exploited for any commercial purpose without the express prior written consent of The African Spirit Distillery.

The license does not allow the User to collect product listings, descriptions or other information displayed here, and does not allow any derivative use of this Website or the Content for the benefit of another merchant. The User may not frame nor use framing technologies to enclose the Provider Website or the Content nor any part thereof without the express written consent of Provider. The African Spirit Distillery do not offer products to minors. If you are under the legal age in the country of residence, you may not respond to or otherwise accept or act upon any offers in the Website.

The African Spirit Distillery reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

Limitation of Liability

The Website and all Content on the Website, including any current or future offer of products or services, are provided on an “as is” basis and may include inaccuracies or typographical errors. The Owners make no warranty or representation as to the availability, accuracy or completeness of the Content. The African Spirit Distillery shall not be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Website or any functionality thereof.

Choice of Law

This Website is controlled, operated and administered by The African Spirit Distillery from its offices within the Republic of South Africa. Access to the Website from territories or countries where the content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Boksburg Magistrates Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between The African Spirit Distillery and the User with regard to the use of the Content and this Website.

Conclusion of sales and availability of stock

The African Spirit Distillery will indicate the acceptance of your order by delivering the Goods to you or allowing you to collect them, and only at that point will an agreement of sale between you and The African Spirit Distillery come into effect (the “Sale”). This is regardless of any communication from The African Spirit Distillery stating that your order or payment has been confirmed.

Placing Goods in a shopping basket without completing the purchase cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to you. You cannot hold The African Spirit Distillery liable if such Goods are not available or are not available at the particular price when you complete or attempt to complete the purchase cycle at a later stage.

You acknowledge that stock of all Goods on offer is limited and that pricing may change at any time without notice to you. The African Spirit Distillery will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that offers thereof are discontinued on the Website. However, we cannot guarantee the availability of stock.

Goods may not be purchased for direct re-sale, unless appointed as a Wholesaler/Distributor by The African Spirit Distillery. Should we suspect that any such Goods are being purchased for sale, we are entitled to cancel your order immediately on notice to you.

Payment

We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
The African Spirit Distillery elected Peach Payments as our payment gateway.

All communications with regards to your order will be send through electronic communication channels.
Delivery of goods

The African Spirit Distillery is not responsible for any loss or unauthorised use of a product, after it has delivered the product to the physical address nominated by you.

Please refer to our Shipping and Delivery Policy.

Liquor

The African Spirit Distillery sells liquor under liquor licence number GLB000003433S9819.

It is an offence in terms of South African liquor legislation:

  • for any person under the age of 18 years to purchase, or attempt to purchase, liquor and/or to present false evidence of his/her age in order to access liquor; and/or
  • to purchase liquor for or on behalf of any person under the age of 18 years.

The African Spirit Distillery is committed to complying with all applicable liquor legislation and therefore will only;

  • sell liquor to you if you are of or above the age of 18 years; and
  • deliver liquor to the address chosen by you if the liquor is received at such address by a person of or above the age of 18 years.

The African Spirit Distillery has implemented a number of precautions to ensure that it does not sell, supply and/or deliver liquor to persons under the legal age in their country of residence. These precautions include without limitation:

  • indicating on the relevant liquor product page on the Website that such liquor product is not for sale to persons under the legal age in country of residence;
  • requesting you to confirm that you are of legal age in your country of residence through the Website;
  • verifying the age of the person receiving delivery of the liquor by requesting to see his/her identity document, passport or driver’s licence, if such person appears to be under the legal age in country of residence.

The African Spirit Distillery may in its sole discretion refuse to sell or deliver liquor to any person if:

  • he/she refuses to provide his/her date of birth or identification requested for purposes of verifying his/her age;
  • it appears that he/she provided false information or evidence of his/her age in order to access liquor; or
  • he/she appears to be intoxicated.

By purchasing, or attempting to purchase, liquor from The African Spirit Distillery, you hereby acknowledge and agree to these Terms and Conditions, and agree to provide The African Spirit Distillery with truthful and accurate information and to comply with the applicable liquor legislation in your country of residence.

Privacy Policy

Please refer to our Privacy Policy.

Refunds

Please refer to our Online Returns & Exchange Policy.

Our indemnification

You hereby indemnify The African Spirit Distillery and its employees, distributors and representatives, and hereby defend and hold each of them harmless from any and all claims and liabilities (including legal costs on the lawyer-client scale) which may arise from your submissions, from your unauthorised use of material obtained through the Websites, or from your breach of this Agreement, or from any such acts through your use of the Websites.

Distributorship

To become a distributor, please contact us. Please refer to our Website.

General

The African Spirit Distillery may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
Any failure on the part of you or The African Spirit Distillery to enforce any right in terms hereof shall not constitute a waiver of that right. You will not, nor will you encourage any other party, to make any statement or introduce any contribution which includes: swearing and/or unacceptable, indecent, defamatory, threatening, violent or discriminatory (based on race, religion, sex, sexual orientation, national origin, age or physical or mental disability) language; discussions that encourage, promote or provide information about illegal or criminal activities (including but not limited to pornography, explosives, weapons, violence, drugs, programming viruses, computer hacking and copyright infringement); posting of addresses for other web sites or content that infringes any third party’s intellectual property rights; exchanging telephone numbers or home addresses, the harassment of other users of the site (either privately or in a public forum), or the impersonation of our staff, celebrities or any other characters; actions that would disrupt or impair the functioning, stability or security of the site (including but not limited to the introduction of viruses, bugs, worms, Trojan horses or any other form of contaminants); advertisements, promotions, unsolicited approaches, or any other use of the site for unauthorized commercial purposes; and any derogatory remarks about the Company or the site.

Contact Information

This website is run by The African Spirit Distillery based in South Africa trading as The African Spirit Distillery and with registration number 2016/451685/07.

If you have any questions, queries or wish to request permission to use any part of this website, please contact us at:

The African Spirit Distillery

Physical address:
Unit 14, 15 Top Road
Anderbolt
Boksburg
1459

Email address: info@africanspirit.co.za
Tel: +27 84 283 5070