Terms & Conditions

PREAMBLE

Welcome to Uva Mira Vineyards (Pty) Ltd (“Uva Mira”). We are committed to providing a seamless and satisfying shopping experience for you, our Customer.

By accessing and using our website, making purchases, or engaging with our services, you agree to the following General Terms and Conditions, Refund Policy, Shipping & Delivery Policy, Privacy Policy and any other policies related to your transactions with us.

It is important that you read and understand these policies as they govern your relationship with Uva Mira, and ensure that both parties have clear expectations regarding our Products and the associated policies applicable to our Products.

We reserve the right to update or modify these terms and policies at any time, with changes being communicated through the relevant channels.

DEFINITIONS

For the purposes of these Terms and Conditions, the following definitions shall apply:

“B2B (Business to Business)” refers to the transactions and relationships between Uva Mira and other businesses, typically following approved credit applications, account setup, and unique trade terms. This includes various entities in the trade such as restaurants, hotels, guesthouses, resellers, redistributors, retailers (including bespoke wine boutiques and franchises), online retailers, stores, and other farms. In this context, B2B means Uva Mira sells its Products to these businesses for resale, distribution, or use in their own operations.

“Customer“, “you“, or “your” refers to the individual or legal entity making a purchase or interacting with Uva Mira’s website, products, or services.

Delivery refers to the arrangements made by Uva Mira through its designated service provider (courier service) to transport the product to the customer’s nominated address. This process includes the safe arrival of the product at the specified destination and the completion of the transaction.

“e-Commerce” refers to the process of purchasing wine through an online platform or website. It involves browsing a selection of wines, placing an order, making secure payments, and having the wine delivered to your nominated address. This type of e-commerce allows consumers to conveniently explore various wine options, read reviews, and compare prices, all from the comfort of their home, without visiting a physical store. The transaction typically includes the entire process from selecting the wine to completing the purchase and arranging for shipping and/or delivery.

“Force Majeure” refers to circumstances beyond the control of Uva Mira, including but not limited to acts of God, natural disasters, war, strike, or government regulations that prevent the completion of orders or delivery of goods.

“Order” refers to the request made by you, the Customer, to purchase one or more Products from Uva Mira, following the completion of the online checkout process.

“Payment” refers to the transaction made by you, the Customer, to Uva Mira to complete the purchase of Products, which may be processed through various payment methods including credit cards, electronic funds transfer, or other payment gateways.

“Products” refers to any goods, including wine, available for purchase on the Uva Mira website.

“Platforms” refer to any of Uva Mira’s websites, mobile sites, social media platforms, emails, on-site or on-event data capturing, or any other technology or services you may use to interact with us.

10.

“Refund” refers to the reimbursement to you, the Customer, in respect of payment for Products, either partially or fully, in the event of an issue with your order as described in the Refund Policy.

11.

“Return” refers to the process of returning Products to Uva Mira following a purchase, in accordance with our Refund Policy.

12.

“Shipping” refers exclusively to international deliveries, where goods are dispatched for delivery via sea or air freight through Uva Mira’s designated service provider(s) for that region. The shipping process begins once the order is processed and ends when the goods are handed over to the designated carrier for transportation.

13.

“Tax Invoice” refers to the document issued by Uva Mira that confirms the details of the order, including product descriptions, prices, and any taxes applied.

14.

“Third Party” refers to any individual, business, or organization not directly affiliated with Uva Mira, including couriers, payment processors, and external service providers engaged by Uva Mira.

15.

“Uva Mira“, “we“, “our“, or “us” refers to Uva Mira Vineyards (Pty) Ltd, including its affiliates, subsidiaries, and related entities.

16.

“VAT” refers to the Value Added Tax applied to the sale of goods and services, calculated as a percentage of the Product’s price, as required by South African tax law. The applicable VAT rate is included in the total price of the Products.

17.

“Website” refers to the online platform where customers can browse, order, and pay for products, including all associated web pages and services provided by Uva Mira.

By accepting our Terms and Conditions, Refund Policy, Shipping & Delivery Policy, Privacy Policy and any other policies related to your transactions with us, you acknowledge that you have read and understood the definitions and provisions that govern your relationship with Uva Mira.

SHIPPING AND DELIVERY POLICY

Where is delivery available?
Local delivery for Uva Mira’s Products placed through an e-Commerce offering within the borders of the Republic of South Africa are managed by Uva Mira directly as part of your order.

International customers can contact Uva Mira directly for a shipping and delivery quote by emailing us at orders@uvamira.co.za

What are the charges/fees associated with delivery?
All shipping and delivery fees are listed in South African Rands (ZAR) and include VAT, and are quoted accordingly, our Customer.

How long will your order take to be processed and delivered?
The estimated delivery time within South Africa is between 3 to 5 working days following payment reflecting in our bank account. Delivery will be made using a third-party service provider of our choice.

What happens when an item you ordered is out of stock?
If an item you’ve ordered is unavailable, we will contact you to offer a choice of replacement items or process a refund.

Is insurance included in your order for delivery?
Delivery costs do not include insurance cover. Any damage or loss incurred during shipping and/or delivery will be handled in accordance with our Refund Policy.

What happens if you miss your delivery?
If you are unable to receive the Products upon delivery, the cost of a second delivery attempt will be at your expense.

It is important to note that any person other than you, the Customer, who receives the Products at the nominated delivery address is presumed to be authorised to accept delivery on the Customer’s behalf.

REFUND POLICY

How can you contact Uva Mira when submitting a complaint and/or requesting a refund?
If you are not satisfied with your purchase for any reason, please contact us at orders@uvamira.co.za

What is the return policy for your purchase?
The onus is on you, as the Customer, to ensure that the correct Products are received at delivery. If you have a concern, provided the reason for the return is due to an error on our part, and you wish to return these Products, please do contact on us at orders@uvamira.co.za .

Does Uva Mira offer free delivery?
Yes, complimentary delivery is offered on orders of R2000.00 (Two Thousand Rand) or more. We reserve the right to modify these terms at any time, and any changes will be communicated to the purchaser during the payment process.

If our Products are indeed faulty as delivered to you, Uva Mira will either issue a replacement or refund to you, as our Customer.

Please note that Uva Mira cannot and will not replace or refund you where the Products do not meet your personal preference(s) or taste. You are, however, more than welcome to contact Uva Mira for any advice on our Products prior to your purchase, but the ultimate decision on your selection rests with you, our Customer, and Uva Mira will not be held liable in any way whatsoever for your decision as regards your order of Products.

What should you know about wine as a perishable product?
Wine is a perishable product and is sensitive to temperature fluctuations. Temperature change can affect the condition of the wine, and we urge you as our Customer to keep the Products store at the recommended temperature once delivered to you.

How long will it take to process a refund?
Replacement stock (or an exceptional request for a refund) will be facilitated as soon as possible, provided that all required documentation is provided.

How will you refund be processed?
If you do not wish to place a replacement order with us, and you opt for a refund, refunds for credit card payments can be issued to the same card used for the original purchase (if possible). For other payment methods, refunds will be processed via electronic funds transfer. Additional documents may be requested from you for this purpose.

General terms and conditions

1. Agreement Terms

1.1

You, as the Customer, agree that:

1.1.1

This Agreement represents the entire understanding between the Customer and Uva Mira, and no alterations or additions may be made unless agreed upon by both parties in writing, signed by the you, the Customer, and a duly authorized representative of Uva Mira;

1.1.2

This Agreement governs all future contractual relationships between the parties;

1.1.3

This Agreement applies to all existing and future debts between the parties;

1.1.4

This Agreement is final, binding, and not subject to any suspensive or resolutive terms or conditions;

1.1.5

Any conflicting conditions stipulated by you, the Customer, are expressly excluded;

1.1.6

These terms also apply to all agents of Uva Mira.

2. Binding Agreement

2.1

This Agreement becomes final and binding upon Uva Mira’s acceptance of your order for one/more of its Products, which is when you make any form of payment to Uva Mira.

3. Minors

3.1

Given that our Products contain alcohol, same is intended solely for adults. We will only sell and deliver alcohol-based goods to individuals who are legally of age (18 or older) and may request valid proof of age. All order information, including name, address, and date of birth, must be accurate and complete.

4. Limitation of liability

4.1

Uva Mira shall not be held responsible for any direct, indirect, incidental, special, or consequential injury, loss, or damages arising from your use of, or reliance on, any material or content found on the website, any linked websites, any inability to access the website, or any unlawful activity on the website caused beyond the reasonable control of Uva Mira.

4.2

You agree to indemnify Uva Mira against any loss, claim, or damage suffered by you or any third party arising from your use of this website or from receiving any electronic communication from Uva Mira, or any message that appears to come from Uva Mira, unless such loss, claim, or damage is due to Uva Mira’s gross negligence.

5. Responsibility for product suitability

5.1

It is your sole responsibility, as the Customer, to determine that the Products ordered are suitable for the intended purpose.

6. Confirmation of goods and services ordered

6.1

You, the Customer, confirm that Products on any Tax Invoice represent the Products ordered at the agreed prices, and that, if delivery has already occurred, the Products were inspected, and that you, the Customer, are satisfied with the Products’ quality, quantity, and condition.

7. Delivery Terms

7.1

Uva Mira reserves the right to split deliveries and decide on the quantities and delivery dates at its sole discretion.

7.2

Uva Mira is entitled to invoice each delivery separately.

8. Proof of delivery

8.1

Any delivery notes, waybill and/or invoice (copy or original) signed by you, the Customer, or a third-party engaged to transport the goods will serve as prima facie proof of delivery and your express confirmation of satisfactory delivery.

9. Third-party shipping and delivery arrangements

9.1

If Uva Mira engages a third party for delivery, you, the Customer, authorizes Uva Mira to arrange for the transportation on your behalf and under terms deemed appropriate by Uva Mira.

10. Payment Terms

10.1

If Uva Mira engages a third party for delivery, you, the Customer, authorizes Uva Mira to arrange for the transportation on your behalf and under terms deemed appropriate by Uva Mira.

10.2

You, the Customer, expressly waive your right to withhold payment for any reason, and agree that no extension of payment will apply unless agreed by Uva Mira, reduced to writing and signed by both parties.

10.3

You, the Customer, are not entitled to set off any amounts owed by Uva Mira against your debt.

11. Proof of debt and payment certification

11.1

The amount due and payable may be determined by a certificate issued and signed by a director or manager of Uva Mira, which shall be binding and serve as prima facie proof of you, the Customer’s, indebtedness.

12. Interest on overdue payments

12.1

Interest on overdue payments will be charged at the maximum legal rate prescribed by the National Credit Act 34 of 2005 (as amended) and will be calculated daily and compounded monthly.

13. Non-payment and cancellation

13.1

If your account is not settled on order or within the agreed period as per the quote provided to you, Uva Mira may immediately institute action or cancel the Agreement, taking possession of any goods delivered and claiming damages. Uva Mira reserves the right to stop supply upon cancellation or non-payment.

14. Ownership of goods

14.1

All goods supplied by Uva Mira remain the property of Uva Mira until fully paid for.

15. Encumbrance of goods

15.1

The Customer will not allow the goods to become encumbered prior to full payment and must inform third parties of Uva Mira’s rights to the goods.

16. Consent for disclosure to third parties

16.1

The Customer consents to Uva Mira sharing personal information with third parties if Uva Mira is listed as a trade reference and agrees that Uva Mira will not be held liable for any good faith disclosures.

17. Severability of Agreement

17.1

Each provision of this Agreement is severable. If any provision is found invalid or unenforceable by a court of law, the remaining provisions will remain binding.

18. Force Majeure

18.1

Orders are subject to cancellation by Uva Mira due to circumstances beyond its control, including but not limited to the inability to secure labour, materials, supplies, or disruptions caused by natural disasters, pandemics, strikes, wars, or other such events.

19. Breach and cancellation due to customer actions

19.1

Orders may also be cancelled by Uva Mira if the Customer breaches any term of the Agreement or undergoes compromise, liquidation, sequestration, or if a judgment is recorded against the Customer or its principles.

20. Governing Law

20.1

This Agreement and its interpretation are governed by South African law.

21. Jurisdiction

21.1

Uva Mira may institute legal action in either the Magistrate’s Court or the Cape Town High Court, which will have exclusive jurisdiction over any disputes.

22. Delivery of Documents

22.1

Any document shall be deemed delivered to you, the Customer, via prepaid registered mail, hand delivery, overnight courier, or email to the address provided by the Customer.

23. Address for notifications

23.1

The Customer designates their business address or the physical address of a director, member, or owner for notifications or legal documents.

24. Notification of changes

24.1

The Customer undertakes to inform Uva Mira of any changes to their business or personal details, and failure to do so will constitute a material breach of this Agreement. Uva Mira may withdraw any credit facilities if notified.

Card Acquiring and Security:
Card transactions are processed by Paystack, an approved payment gateway for South African banks, using Secure Socket Layer 3 (SSL3) encryption. No card details are stored on the website. For more details on Paystack’s security policy, visit Paystack’s website.

Payments by you, our Customer, may be made by way of a banking card or by electronic funds transfer (EFT). Uva Mira shall be authorised to debit the aggregate amount payable for its Products ordered against the card details so supplied by the you, our Customer, when completing your order, through Paystack or otherwise. Uva Mira shall further be entitled to debit the banking card on acceptance of your order and prior to delivery.

Country of Domicile and Transaction Currency:
This website is governed by South African law. The transaction currency is South African Rand (ZAR), and the merchant outlet country is South Africa.