Terms and Conditions

  1. Introduction
    1. This website can be accessed at spiritsandbubbles.co.za, (the “Website”) and is owned and operated by Spirits and Bubbles SA (Proprietary) Limited (“S&B”, “we”, “us” and “our”), a company registered in the Republic of South Africa (Reg. No. 2014/062525/07), which has its registered office at 4th Floor West Tower, Nelson Mandela Square, Sandton City, 2196.
    2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering, sale and delivery of Products, and the use of the Website.
    3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Register Now” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
    4. The Website enables you to shop online for a range of alcoholic beverages, including wine and spirits and other alcohol related accessories, (“Products”).
    5. These Terms and Conditions apply to users who are consumers for purposes of the Consumer Protection Act, 68 of 2008 (the “CPA”).
    6. 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 S&B in terms of the CPA.
    7. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask S&B to explain it to you before you accept the Terms and Conditions or continue using the Website.
    8. S&B 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.
  1. Returns and Refunds
  1. If you are not completely satisfied with a Product you have purchased, you have 7 calendar days to notify us.
  2. Once notified, we will attempt to replace the product, however, in the cases of unavailability, we will refund you in full within 7 calendar days.
  3. Should a Product be damaged at the time of delivery, please notify us within 7 days of delivery. We will arrange to collect the Product from you at no extra charge.
  4. Please direct any complaints regarding the standard and quality of the products bought to accounts@spiritsandbubbles.co.za
  5. S&B processes refunds to the credit card used at the time of purchase upon receiving your returned Products. Please allow 30 days for the refund to appear on your credit card statement. If you have made payment by any other means, we will transfer the refund via Electronic Funds Transfer.
  1. Registration
    1. You are required to register with us before placing your first order online. Registration with S&B is free and does not obligate you to buy any product.
    2. Registration constitutes your acceptance and agreement to be bound by these Terms and Conditions.
    3. To register you will be required to provide certain personal information including personal and payment card details, as well as an email address and password. These are protected by S&B’s Privacy Policy. Please keep your personal information secure. We accept no liability for any damages suffered or losses incurred from the unauthorised use of your personal information.
    4. You will be required to enter your email address and password each time you visit our online shopping site. To amend any of your details, please go to “My Account”.
    5. For security purposes you agree to enter the correct email address and password whenever ordering Products, failing which you will be denied access.
    6. You agree that, once the correct username and password relating to your account have been entered, irrespective of whether the use of the username and password is unauthorised or fraudulent, you will be liable for payment of such order, save where the order is cancelled by you in accordance with these Terms and Conditions.
    7. You agree to notify S&B immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your email address and password and to take steps to mitigate any resultant loss or harm.
  1. Use of the Website
    1. By using the Website, you warrant that you are 18 (eighteen) years of age or older.
    2. You agree that you will not in any way use any device, software, or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from S&B (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
    3. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
    4. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of S&B.
    5. Whilst all precautions are taken by S&B to provide the correct information on the website, in the event that we identify an inadvertent and obvious error in the price, product or service description, images and any other relevant content, S&B is not obliged to provide you with the affected product or service.
  1. Liquor
    1. S&B sells liquor under liquor licence number NLA1260.
    2. It is an offence in terms of South African liquor legislation:
      1. 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
      2. to purchase liquor for or on behalf of any person under the age of 18 years.
      3. S&B reserves the exclusive right to refuse to deliver and / or sell liquor to a person failing to prove that they comply in terms of South African liquor legislation.
    3. S&B is committed to complying with all applicable liquor legislation and therefore will only:
      1. sell liquor to you if you are of or above the age of 18 years; and
      2. 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.
    4. S&B will not sell liquor exceeding a total weight of 200 kilograms to any one person in a single day.
    5. For Western Cape orders: The maximum amount to be sold online is 200 bottles or 33 cases per person per day. This limit does not apply to other South African provinces.
    6. By purchasing, or attempting to purchase, liquor from S&B, you hereby acknowledge and agree to these Terms and Conditions and agree to provide S&B with truthful and accurate information and to comply with the applicable liquor legislation.
  1. Product sales and stock availability
    1. An agreement of sale between S&B and a user only comes into effect if and when:
      1. A credit card authorisation is received from the issuing bank; or
      2. The user has utilised coupons to pay for their order and this payment option was selected.
    2. Your offer is deemed to be accepted when you receive an order confirmation.
    3. We reserve the right to refuse to accept and/or execute an order without giving any reasons. We also reserve the right to cancel orders in whole or in part as circumstances dictate. We shall only be liable to refund monies already paid by you.
    4. All products displayed on our website are subject to availability and will be delivered only within the Republic of South Africa to areas where we deliver. When Products are no longer available after you have placed an order, S&B will notify you and you will be entitled to a refund of any amount already paid by you for such Products.
    5. In the case of Products for sale, we 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.
    6. Placing Products in a shopping basket without completing the purchase cycle does not constitute an order for such Products. You cannot hold S&B liable if such Products 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.
    7. We reserve the right to discontinue or change the specifications of our Products from time to time without notice.
    8. Products may not be purchased for re-sale. Should we suspect that any such Products are being purchased for sale, we are entitled to cancel your order immediately, or not process your order entirely.
  1. Pricing
    1. All prices shown on our website are quoted in South African Rands, are valid and effective only in the Republic of South Africa, and include Value-added Tax.
    2. Prices may change at any time without notice to you.
    3. We shall take all reasonable efforts to maintain correct prices. However, should errors occur and items are offered at incorrect prices, we will not be obliged to sell goods at such incorrect prices and shall only be liable to refund monies already paid by you.
  1. Payment
    1. We are committed to providing secure online payment facilities. All transactions are encrypted using appropriate encryption technology.
    2. Payment may be made for Products via the following methods (depending on its availability and/or your eligibility to use such a method)

 1.Debit card

Where payment is made by debit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled. You warrant that you are fully authorised to use the debit card supplied for purposes of paying for the Products. You also warrant that your debit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

2. Credit card

Where payment is made by credit card, we may require additional information in order to authorise and/or verify the validity of payment. In such cases we are entitled to withhold delivery until such time as the additional information is received by us and authorisation is obtained by us for the amounts. If we do not receive authorisation your order for the Products will be cancelled. You warrant that you are fully authorised to use the credit card supplied for purposes of paying for the Products. You also warrant that your credit card has sufficient available funds to cover all the costs incurred as a result of the services used on the Website;

3. Direct bank deposit or electronic funds transfer

If you pay via direct bank deposit or electronic funds transfer, payment must be made within 5 (five) days of placing your order. S&B will not accept your order if payment has not been received. An order will only be completed once funds have been reflected in our bank account. Products will not be dispatched upon receipt of a Proof of Payment (POP);

4. Coupon

You can choose to use any of your available coupons to pay for an order. Coupons can only be redeemed online at www.spiritsandbubbles.co.za

  1. Once you have selected your preferred payment method (save for direct bank deposit), you will be directed to a link to a secure site for payment of the applicable purchase price for the Products.
  1. Delivery of Products
    1. Deliveries are made Monday to Friday, 8 a.m. – 5 p.m., excluding public holidays.
    2. Where we accept your order, S&B will endeavour to secure delivery within 5 working days of the date of your order but will not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
    3. For verification purposes, the person accepting delivery at the delivery address may be required to produce a form of identification. All Products must be signed for on delivery by an adult aged 18 years or over. The age of the person receiving the delivery will be verified against a valid identity document, passport, or driver’s license, if such person appears to be under the age of 18 years.
    4. Any person aged 18 years or over, other than yourself, who receives the products at the delivery address is presumed to be authorised to accept delivery on your behalf.
    5. On delivery, you will receive our delivery note showing a summary of the Products delivered. You or your authorised representative will be asked to sign a duplicate copy of the delivery note to confirm receipt.
    6. Should no adult aged 18 years or over be in attendance at the time of delivery, the driver will keep the Products and leave a notice. The driver will try to contact you to make new arrangements for delivery or collection. We reserve the right to charge an additional delivery fee should it be required. Our liability for any delay in delivery is limited to re-delivery at a later agreed time at no additional charge.
    7. We have outsourced all delivery and collection arrangements to third party service providers. Accordingly, we cannot, to the extent permitted by law, be liable for any loss or damage caused by them.
    8. Our delivery charges are subject to change at any time, without prior notice to you. You will see the applicable delivery charges in your cart when you check out.
    9. You will receive by email a detailed tax invoice showing the product price details, the delivery fees, Value-Added Tax and the amount charged to you.
    10. Our obligation to deliver a product to you is fulfilled when we deliver the product to the physical address nominated by you for delivery of the order. We are not responsible for any loss or unauthorised use of a product, after we have delivered the Products to the physical address nominated by you.
    11. Our delivery personnel are not mandated to accept cash for Products delivered. S&B will not accept responsibility for any cash given to delivery personnel.
  1. Errors
    1. We shall take all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding you for any amount already paid, or otherwise as set out in the Returns Policy.
  1. Coupons
    1. S&B may from time to time make promotional coupons or discounts (“Coupons”) available for use on the Website towards the purchase of Products. Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended.

More specifically:

  1. Coupons are issued in S&B’s sole discretion, and we are entitled at any time to correct, cancel, or reject a Coupon for any reason (including without limitation where a Coupon has been distributed in an unauthorised manner). Users do not have a right to Coupons, and Coupons cannot be earned. Coupons are issued under specific terms and conditions regulating when and how they may be used.
  2. As a rule, and unless specified otherwise on the specific Coupon itself:
    1. each Coupon can only be used once;
    2. only one Coupon can be used per order;
    3. only one Coupon can be used on the Website per person per promotion/campaign;
    4. where a Percentage Coupon has been used and you wish to cancel any items in the order prior to making payment, the entire order must be cancelled. You will be issued with a new Percentage Coupon and will need to place the order again, without the item that you wished to cancel;
    5. a Coupon must be used at check-out – it cannot be used later on existing orders; and the value of the Coupon will be set off against the value of your shopping basket and the balance remaining, if any, will be payable by you.
    6. Coupons cannot be used to buy other Coupons and cannot be exchanged or refunded for cash or credit. S&B is not responsible for any harm due to the loss, unauthorised use, or distribution of a Coupon.
    7. You may be required to submit the original communication containing the Coupon code, and any other information reasonably requested by S&B before you are able to use a Coupon.
    8. The entire value of the Coupon must be used on purchase and S&B will not issue a new Coupon for any difference in amount not spent
  1. Privacy policy
    1. We respect your privacy and will take all reasonable measures to protect it, as more fully detailed in our Privacy Policy, which is incorporated by reference.
  1. Changes to these Terms and Conditions
    1. We may, in our sole discretion, periodically update or change any of these Terms and Conditions, without notice. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes, as your continued use of our Website will mean you accept any updated or revised Terms and Conditions.
  1. Electronic communications
    1. When you visit the Website or send emails to us, you consent to receiving communications from us, affiliates, or partners electronically in accordance with our privacy policy as set out in clause 12 above.
  1. Ownership and copyright
    1. All rights, including copyright, trademark and other intellectual property rights embodied in any logos, text, images, video, audio, social media, or other material which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trademark law. The Website Content is owned by or licensed to us.
    2. Unauthorised use, reproduction, modification and/or distribution of the content thereof is strictly prohibited and constitutes an unlawful infringement of our intellectual property rights.
  1. Disclaimer and Limitation of liability
    1. The use of the Website is entirely at your own risk, and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
    2. We make no representations or warranties of any kind, whether express or implied. We do not warrant that the functions provided by the Website will be uninterrupted or error-free, or that the Website or the servers that make them available are free from viruses or other harmful components.
    3. S&B cannot be held liable for any inaccurate information published on the Website and/or any incorrect prices displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of S&B, its employees, agents, or authorised representatives.
    4. We accept no liability, to the extent permitted by law, for any direct, indirect, incidental, special, or consequential loss or damage of any kind whatsoever or howsoever caused arising from the use of, or reliance upon, the Website or the content contained on the Website; or your inability to use the Website, and/or unlawful activity on the Website, and/or the purchase of any of our Products.
    5. You agree, to the extent permitted by law, to indemnify us against any loss, claim or damage why may be suffered by yourself or any third party arising in any way from your use of this Website and/or any linked third party Website and/or your purchase of any Products.
  1. Linking to third party websites
    1. This Website may contain links or references to other websites (“Third Party Websites”) which are outside of our control, including those of advertisers. We do not necessarily have a relationship with any third party which is linked to our website, nor does a link signify our endorsement of the third party, its products and/or services.
    2. These Terms and Conditions do not apply to those Third-Party Websites and S&B is not responsible for the practices and/or privacy policies of those Third-Party Websites or the “cookies” that those sites may use. Your reliance on any information contained in such third-party material is entirely at your own risk.
    3. You are granted a limited, nonexclusive right to create a hyperlink to this Website provided such link does not portray S&B or any of its Products in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a S&B logo or other proprietary graphic or trademark of S&B to link to this Site without the express written permission of S&B. This limited right may be revoked at any time.
  1. Availability and termination
    1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
      1. Notwithstanding any of these terms and conditions, S&B reserves the right, without notice and in its sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website.
  1. Governing law and jurisdiction 
    1. These Terms and Conditions are governed by the laws of the Republic of South Africa. Any dispute arising in relation to these Terms and Conditions shall, to the extent permitted by law, be referred to arbitration in Johannesburg Magesterial District at a venue of our choice applying the Uniform Rules of the High Court of South Africa.
  1. Domicilium
    1. S&B chooses as its domicilium citandi et executandifor all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature:

4th Floor West Tower, Nelson Mandela Square, Sandton City, 2196

S&B may change this address from time to time by updating these Terms and Conditions.

  1. Information
    1. For the purposes of the ECT Act, S&B’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
      1. Full name: Spirits and Bubbles SA (Pty) Ltd, a private company registered in South Africa with registration number 2014/062525/07
      2. Main business: Alcohol distributor
      3. Physical address (also postal and street address): 4th Floor West Tower, Nelson Mandela Square, Sandton City, 2196
      4. Office bearer: Julian Naik
      5. Phone number: +27 82 562 6099
      6. Website address: spiritsandbubbles.co.za
      7. Email address: info@spiritsandbubbles.co.za
      8. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.