Terms of service

Terms & Conditions

Introduction
Harryhartman.com (the “website”) is an e-commerce wine retailer and wine information service provided by Harry Hartman Wine Company Proprietary Limited.

These Terms of Use
Your access to and use of the Website is subject to your compliance with the terms and conditions set forth below, including all exhibits hereto. Please examine these carefully before accessing or using the Website. By accessing or using the Website, you agree to be legally bound by the terms of use set forth below. You may not access or use the Website should you not want to be bound by these terms and conditions. It is your responsibility to review this documentation regularly, and to ensure that you agree with any amendments to these terms of use. If you do not agree with any amendments to these terms of use, you should stop accessing or using the Website immediately.

Legal age and capacity
You may not access the Website and may not accept these terms of use if you lack the legal capacity to enter into a binding contract with us; are a person barred from accessing the Website under the laws of the Republic of South Africa, which require you to be 18 years of age or older, or other countries including the country in which you are resident or from which you access the Website. By accessing the Website and/or the content you represent and warrant that you are of full legal age.

All the content on the Website, including but not limited to the text, graphics, logos, icons, designs, colours, layout and trademarks are the intellectual property of Harry Hartman Wine Company and as such protected by South African and International Intellectual Property Law.

Privacy
See our Privacy Policy

POLICIES

Pricing
The price of each product is displayed with the product on the Website. In the event of a sale or special offer, the discounted price is displayed. All Prices are inclusive of Value added tax at the rate of 15%.

Delivery Fees are currently R100 per delivery, and may be amended from time to time.

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

Harry Hartman will do its utmost to arrange delivery within 1-3 business days from the date of your order to addresses in Cape Town and surrounds, 3-5 business days from the date of your order, for delivery addresses within all other major centres, and within 5-7 business days from the date of your order for addresses situated in outer lying areas. Although we do everything we can to deliver all orders on time, things can go wrong so we are unfortunately unable to guarantee that all orders will be delivered within the estimated time frame. We will thus not be liable for loss caused by delay in delivery arising out of any cause beyond our control.

Payment Methods
Harry Hartman accepts online payments through: Visa & Mastercard Credit/Debit Cards, Masterpass, Zapper & Snapscan.

At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. Payment is only collected when the order is completed, and the fulfilment has been sent to the respective delivery party.

Note that to protect its own and the interests of customers, our Payment Gateway Provider, Payfast, scrutinizes all transactions very carefully to prevent attempted fraud and a transaction may be refused if Payfast is not satisfied with its legitimacy.

Due to our reliance on third-party payment method suppliers Harry Hartman can not guarantee that all the abovementioned payment methods will be available for use at all times. However, in the event that we discover and/or are made aware of any issues regarding payment methods we will do our utmost best to have the issues addressed and corrected as quickly as possible.

Refunds
See refund policy

Exceptions / Non-returnable items
Unfortunately, we cannot accept returns on sale items or gift cards.

Damages and issues
Please inspect your order upon receipt and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.

Stock Availability
Stock of all goods on offer are limited. Harry Hartman shall take all reasonable efforts to discontinue the online offer as soon as stock is no longer available. However, should items still be offered after stocks are sold out, Harry Hartman shall only be liable to refund monies where it is unable to fulfil orders at advertised prices.

Special Offers
Harry Hartman, shall not be liable for the sale of items at lower prices if such prices were increased and purchasers could not, for any reason whatsoever, conclude an agreement of sale while such prices remained low.

Restrictions on Sales
Harry Hartman does not ship products to addresses outside the borders of South Africa without prior written arrangement. Some outer-lying areas do not fall within our current delivery routes and will thus need to be handled on a private case by case basis. Should your address not fall within our current set up, please follow the steps provided in the Note within the “Deliveries” section above.

Wine is not sold to persons under the age of eighteen years. By accessing and/or ordering from the Harry Hartman website you have confirmed that you are of a legal age to do so.

Agreements of Sale
Placing an item in a shopping basket without completing the purchase cycle does not:

• Constitute an agreement of sale between Harry Hartman and users cannot hold us liable if such items are not available when the purchase cycle is completed later; and/or
• Constitute an order for such an item; and Harry Hartman may remove such an item from the shopping basket or wishlist if no stock is available.

An agreement of sale between Harry Hartman and a user only comes into effect if and when:

•   A payment authorisation is received from the issuing bank.

Harry Hartman reserves the right to refuse to accept and/or execute an order without giving any reasons. Harry Hartman shall only be liable to refund monies already paid by the user.

Harry Hartman shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, Harry Hartman will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies paid.

DISCLAIMER
YOUR USE OF THE HARRY HARTMAN WEBSITE IS ENTIRELY AT YOUR OWN RISK. THE WEBSITE IS PROVIDED “AS IS”. ALTHOUGH WE TAKE STEPS TO VERIFY INFORMATION PRESENTED ON OR THROUGH THE WEBSITE, WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATION OR OTHER INFORMATION CONTAINED IN, DISPLAYED ON, LINKED TO OR DISTRIBUTED THROUGH THE WEBSITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS ON THE WEBSITE WITHOUT NOTICE TO YOU.

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED.

WHILST WE TAKE REASONABLE PRECAUTIONS IN OUR OPERATION OF THE WEBSITE, YOU AGREE THAT NEITHER WE OR HARRY HARTMAN’S ASSOCIATES SHALL BE LIABLE IN RESPECT OF ANY LOSS OR DAMAGES HOWEVER ARISING AND WHATEVER THE CAUSE, IN PARTICULAR PURSUANT TO AND IN FURTHERANCE OF THIS AGREEMENT, YOUR ACCESS TO THE WEBSITE OR FROM YOUR INABILITY TO ACCESS THE WEBSITE. WE WILL USE REASONABLE ENDEAVOURS TO MAKE THE WEBSITE AVAILABLE TO YOU AND KEEP THE WEBSITE AVAILABLE TO YOU AT ALL TIMES.

HOWEVER, YOU HEREBY INDEMNIFY US AND OUR ASSOCIATES FROM ANY LOSS, DAMAGES, LIABILITY, CLAIM OR DEMAND DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, INABILITY TO ACCESS OR USE THE WEBSITE OR YOUR BREACH OF THESE TERMS OF USE.

Prices are valid while stocks last.
Vintages subject to differ from as advertised.
Alcohol not for sale to persons under the age of 18.
All prices are inclusive of 15% vat. 

INDEMNITY

Editorial Control
This Website contains content provided by third parties and hyperlinks to other sites. Harry Hartman does not screen or filter such content or the other sites or information available from those other sites and therefore does not accept any liability for defamatory, illegal or criminal content contained on those sites. We encourage you to report any infringement, illegal or criminal content found on any of the sites available through links from the Website in order to investigate whether such links should be removed.

Rights Infringement
If you are of the view that your rights have been infringed through the unlawful use of the Website in any way whatsoever, you may address a complaint to us. We will investigate the complaint on receipt of a complete and properly formulated complaint notice and will take appropriate action where necessary. Such action may include, but is not limited to, removing the offending content from the Website and/or suspension or termination of the offending registrant or third party.
Please address your notifications to:
Email: ops@harryhartman.com  

Applicable Law
The website is created, maintained and controlled in the Republic of South Africa and 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. 

Change to These Terms & Conditions
Harry Hartman reserves the right to make changes to the Website and this user agreement at any time without notice.

In the event that any changes are made to the Terms & Conditions, Harry Hartman will upload the updated Terms & Conditions to the Harry Hartman Website. It is the user’s responsibility to revisit the Terms & Conditions frequently to ensure they are updated on any changes that have been made to the agreement.

Disclosures required by the ECT Act
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 of the ECT Act:

Our full name and legal status
Harry Hartman Wine Company Proprietary Limited. a Private Company incorporated under the laws of the Republic of South Africa. Registration number: 2019/415669/07

Street address, Postal Address and Physical Address for Receipt of Legal Service
4 Hillcrest, Old Stellenbosch Road, Somerset West, 7140

These Terms & Conditions were last updated on the 27th of July 2022.