TERMS AND CONDITIONS

In this document, you will find the following topics:

  1. Detailed Description of goods and/or services
  2. Copyright
  3. Website content
  4. Website privacy policy statement
  5. Credit card acquiring and security
  6. Customer details separate from card details
  7. Merchant outlet country and transaction currency
  8. Responsibility
  9. Customer Privacy Policy
  10. Payment options accepted
  11. Disclaimer
  12. Hyperlinks
  13. Security
  14. Governing law
  15. Delivery details
  16. Coupon and Voucher Issue Conditions
  17. Membership Fees
  18. Changes to agreement
  19. Competitions

1. DETAILED DESCRIPTION OF GOODS AND/OR SERVICES

The Ooh! Box is a direct marketer of Wine, sweets, treats, coffee, olive oils & vinegars.

2. COPYRIGHT

All materials posted on this site are subject to copyrights owned by the The Ooh! Box and other individuals or entities.

All rights not expressly granted are reserved.

The names, trademarks, service marks and logos of the The Ooh! Box appearing on this site may not be used in any advertising or publicity, or otherwise to indicate The Ooh! Box’s sponsorship of or affiliation with any product or service, without the The Ooh! Box’s prior express written permission.

To obtain permission for the commercial use of any content on this site contact the webmaster at 021 492 4130 or e-mail cheers@theoohbox.co.za

3. WEBSITE CONTENT

While the The Ooh! Box has attempted to make the information on this website as accurate as possible, the information is provided in good faith without any express or implied warranty. There is no guarantee given as to the accuracy or currency of any individual item on the server.

4. WEBSITE PRIVACY POLICY STATEMENT

This is the website of the The Ooh! Box, member of the Converge Group of Companies, Converge (Pty) Ltd. (Reg. No. 1998/016403/07)

Our postal address is
Private Bag x2, Glosderry, Cape Town, 7702, South Africa

We can be reached via e-mail at cheers@theoohbox.co.za, or you can reach us by telephone at 021 492 4130.

We collect no information on browsers of our website, unless volunteered (for example the e-mail addresses of those who communicate with us via e-mail or survey information and/or site registrations).

From time to time the information that is volunteered may be used by the The Ooh! Box for communication or marketing purposes. This information is stored in fully secure databases with restricted access. We do track and analyse data for trends and statistics, but the individual user remains anonymous. We will only ever disclose aggregate information about our user base.
This information may be updated by the user through our login function on the website, or by contacting cheers@theoohbox.co.za. We do not share our email address data with third parties, although we may conduct joint ventures other reputable organizations. In the latter case the The Ooh! Box will retain control of the email data.
Users may indicate that they do not wish to receive such communications by contacting us at cheers@theoohbox.co.za. We will be sure your request is honoured.

5. CREDIT CARD ACQUIRING AND SECURITY

Credit card transactions will be acquired for The Ooh! Box via PayGate (Pty) Ltd who are the approved payment gateway for Standard Bank of South Africa.  PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website.  Users may go to www.paygate.co.za to view their security certificate and security policy.

6. CUSTOMER DETAILS SEPARATE FROM CARD DETAILS

Customer details will be stored by The Ooh! Box separately from card details which are entered by the client on PayGate’s secure site.  For more detail on PayGate refer to www.paygate.co.za

7. MERCHANT OUTLET COUNTRY AND TRANSACTION CURRENCY

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa.  Transaction Currency is South African Rand (ZAR).

8. RESPONSIBILITY

The Ooh! Box takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods

9. CUSTOMER PRIVACY POLICY 

The Ooh! Box shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from: 
http://www.polity.org.za/attachment.php?aa_id=3569

10. PAYMENT OPTIONS ACCEPTED

Payment may be made via Visa, MasterCard credit cards.

11. DISCLAIMER

Neither The Ooh! Box nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this website or the services or content provided from and through this website. Furthermore, The Ooh! Box makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this website are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to cheers@theoohbox.co.za.

12. HYPERLINKS
 
12.1 No person, business or website may link to any page on this site without the prior written permission of The Ooh! Box. Such permission could be obtained from cheers@theoohbox.co.za
12.2 In the event of The Ooh! Box providing hypertext links other websites as a service to its users, this service does not mean that the The Ooh! Box endorses those sites or material on them in any way. The The Ooh! Box is not responsible for the use of a hypertext link for which a commercial charge applies. Individual users are responsible for any charges that their use may incur. The privacy practices of those sites linking out of us, is not our responsibility. We'd recommend you check their policy on privacy before disclosing personal information.

13. SECURITY

13.1 This site is secured by a Thawte SSL Certificate. 
13.2 Any person that delivers or attempts to deliver any damaging code to this website or attempts to gain unauthorised access to any page on this website shall be prosecuted and civil damages shall be claimed in the event that The Ooh! Box suffers any damage or loss.

14. GOVERNING LAW

This site is hosted, controlled and operated from the Republic of South Africa and therefore the South African law and The Ooh! Box chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

15. DELIVERY DETAILS

Delivery is door-to-door countrywide (please note: free delivery is only applicable to deliveries in South Africa, when "free delivery" is offered) but otherwise charges vary according to the area you are in

15.1: 12-bottle case:

  • R99.00 in the Cape Peninsula;
  • R99.00 in Gauteng;
  • R99.00 in all other RSA areas;
  • Neighbouring states - Price on asking

15.2: 6-bottle pack:

  • R99.00 in the Cape Peninsula;
  • R99.00 in Gauteng;
  • R99.00 in all other RSA areas;
  • Neighbouring states - Price on asking

15.3: Accessories:

  • Wine Rack = 1 case price. Small accessories are posted, others may be included in the box of Wines, and so only one delivery charge applies.
  • Customers ordering accessories outside of South Africa, from Namibia, Botswana, Lesotho, Zimbabwe or Swaziland, must please order via email at the following address: cheers@theoohbox.co.za

15.4: Insurance: 
Your wine or product is insured against breakage and theft, an insurance equal to 1.8% of the value of your purchase will be debited to your card.

15.5: Money Back Guarantee:
We guarantee a full refund, no questions asked, and we will also collect the remainder of any pack and refund you in full if you are unhappy with the quality, the service or any aspect of your The Ooh! Box membership.

15.6: Replacements: 
In the unlikely event that there is a broken bottle in your case, please tell us immediately and we will credit your account. We reserve the right to substitute product if stock runs out, to the same or higher value of the stock.

Your introductory free gift may not be redeemed for cash or exchanged for another product. It is also not redeemable with any other offer.

15.7: Please note:
These figures are subject to change.
Club orders over delivery fee threshold placed on the website will still be charged for at the above rates.

16. COUPON AND VOUCHER ISSUE CONDITIONS
 

16.1 General

16.1.1 We may from time to time make available electronic discount vouchers and coupons via our computer systems for redemption against products offered for sale on our website (“Vouchers”).

16.1.2 Each such Voucher offer is made subject to these general terms as well as the specific terms and rules applicable to the particular Voucher (“Voucher Terms”). The Voucher Terms will be referred to or set out on the relevant Voucher offer or otherwise be made available online.

16.1.3 We may, at our sole and absolute discretion and without prior notice to you, change the description and/or terms applicable to any Voucher offer or discontinue the availability of any such offer.

16.1.4 Should there be a conflict between the terms contained in this document and the Voucher Terms, the Voucher Terms will prevail. The onus is on the user to familiarise themselves with the relevant Voucher Terms before participating in a Voucher offer or attempting to redeem a Voucher.

16.2 Voucher Descriptions

16.2.1 Each Voucher offer will set out at least the following in its Voucher Terms:

16.2.2 The value of the Vouchers expressed either in South African Rand or as a percentage discount;

16.2.3 The specific product(s) against which the Vouchers may be redeemed;

16.2.4 How the Vouchers may be redeemed e.g.: online only;

16.2.5 The period for which the offer and/or the issued Vouchers are valid;

16.2.6 Any other specific condition, restriction or limit which applies to the issue or redemption of the Vouchers.  This may include any minimum purchase or spend requirements;

16.3 Voucher Offer Restrictions

16.3.1 Unless expressly stated otherwise –

16.3.2 Only persons over the age of 18 and able to conclude binding contracts may subscribe and participate in our Voucher offers.  We may ask you to provide adequate proof in respect of this requirement;

16.3.3 No more than one Voucher per person and household will be available under any Voucher offer;

16.3.4 Each Voucher may be redeemed only once;

16.3.5 A Voucher is not transferable.  It may therefore only be redeemed by the person to whom it was issued unless we give our written consent for the Voucher to be transferred to another person;

16.3.6 Only one Voucher will be redeemed per purchase from us;

16.3.7 A Voucher may not be used in conjunction with any other special offer, promotion, voucher or coupon unless this is specifically permitted in the relevant Voucher Terms;

16.3.8 Vouchers cannot be redeemed against prior purchases;

16.3.9 Your participation in a Voucher offer may be subject to additional criteria (e.g. a minimum age) with which you will need to comply.  Examples:

16.3.10 If a Voucher applies only to website offers, you may not redeem it by phoning your order in;

16.3.11 If the Voucher applies only to certain specified products, you may not redeem it against any other products;

16.3.12 If the Voucher may be redeemed during a certain period, you may not redeem it during any other period;

16.3.13 Vouchers cannot be exchanged for cash or for other vouchers of any kind. No change will be paid out if the value of the products for which the Voucher is used is less than the value of the Voucher;

16.3.14 Vouchers cannot be used to pay for insurance, delivery or other charges which may apply to the purchase of the products to which Voucher relates.

16.4 Subscription and Issuing of Vouchers

16.4.1 Before you can become eligible to participate in our Voucher offers, you will be required to complete the prescribed subscription process, subject to the following:

16.4.2 By subscribing you agree that we may communicate with you concerning Voucher offers and promotions that may be of interest you;

16.4.3 You may notify us at any time if you want us to stop sending you such communications.  This may be done by sending us an email at cheers@theoohbox.co.za

16.4.4 We may from time to time make available certain Vouchers for certain products as described in the relevant Voucher Terms. You may submit requests to take up such Vouchers by completing our automated Voucher issuing process in the prescribed manner.  The process will provide you with an opportunity to review the request, to correct mistakes and to cancel each request before finally submitting it. Please make sure that the all details are correct before submitting the request. We may restrict the number of Vouchers to be issued to you and/or your household to discourage unfair practices.

16.4.5 Once submitted, your request will constitute an offer to participate in the relevant Voucher offer on the terms and conditions contained in these terms of use and the applicable Voucher Terms.  It is your duty to review the applicable Voucher Terms before submitting a request.  Your offer is open for acceptance by us.  We reserve the right not to accept or process your request for a Voucher and we will try to notify you if this is the case. In particular, we may refuse to issue Vouchers to you under offers for which you do not meet the specified qualification criteria.  This includes instances where –

16.4.6 The law prescribes a minimum age for certain products and you are younger than the minimum age;

16.4.7 An offer is limited to a certain geographical area and you do not live in that area to which the offer applies;

16.4.8 The Voucher stock under the offer is exhausted; or

16.4.9The number of Vouchers issued to you exceeds any applicable limit.

16.5 Voucher Redemption

16.5.1 Each Voucher that you acquire from us creates a right to obtain a defined discount on specific products available for sale.  The Voucher may, however, only be redeemed –

16.5.2 By the person to whom it has been issued, and

16.5.3 Where all the applicable Voucher Terms (including any restrictions which may be stated) have been fulfilled.

16.5.4 We will not re-issue damaged, lost or stolen Vouchers.  Your Voucher will typically contain unique identification numbers, barcodes and/or access codes which will make sure that each Voucher is redeemed only once. No Voucher may be redeemed without such information being made available.

16.5.5 We may ask that you provide us with suitable evidence of your right to use the Voucher before you may redeem it.  We are not obliged to redeem Voucher under the following circumstances –

16.5.6 Where the Voucher was issued to you by mistake;

16.5.7 Where the Voucher is manifestly incorrect;

16.5.8 Where redeeming the Voucher would be illegal;

16.5.9 Where redeeming the Voucher would be practically impossible where, for example, our computer systems are not functioning properly or the product to which the Voucher applies is unavailable for any reason.  If the product to which the 16.5.10 Voucher applies is unavailable when you try to redeem the Voucher, we will advise you and attempt to source the product at the same promotional price.

17. MEMBERSHIP FEES
17.1 A Club membership fee may apply and is charged on an annual basis.

18. CHANGES TO AGREEMENT

The Ooh! Box may, in its sole discretion, change this agreement or any part thereof at any time without notice.

19. COMPETITION RULES

  1. Unless expressly stated otherwise these terms will apply to all competitions offered by Converge (Pty) Ltd T/a The Ooh! Box. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail.
  2. Regrettably, only South African residents are eligible for prizes, and delivery of gifts or prizes will only be within South Africa.
  3. Entry is open to anyone except employees (and their immediate families) of Converge (Pty) Ltd T/a The Ooh! Box, contributors to the magazine, the sponsoring company/companies and/or agents involved in the competition.
  4. No cash alternative is available to any prize unless expressly stated otherwise.
  5. The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
  6. Entrants must also be over 18 years of age. Entrants expressly declare that they are duly authorized to participate in the competition.
  7. Entrants to regular competitions may only win once within a six month period.
  8. The judges’ decision is final and no correspondence will be entered into.
  9. All entrants’ information will be used only in accordance with our Privacy Policy.
  10. By entering any Converge (Pty) Ltd T/a The Ooh! Box competitions you agree to receive future correspondence from Converge (Pty) Ltd The Ooh! Box. An option to opt out will be available on receipt of any correspondence.
  11. Entries made via SMS attract a charge – please refer to the promotional material for actual cost per SMS. Free rates do not apply.
  12. We reserve the right to cancel any competition without notice at any time.
  13. Multiple winners may be subject to tie-break to decide an outright winner.
  14. We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
  15. Prizes not claimed within 3 months will be forfeited.
  16. New and existing members of the club and subscribers to Good Taste may enter into any subscriber competitions.
  17. If you take out a gift subscription, please note that the donor of the subscription will be eligible for the prize.
  18. Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
  19. Winners may be required to be photographed for publicity purposes or to participate in a radio or television broadcast. No fees will be payable in this regard.
  20. Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
  21. Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
  22. We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judge’s discretion, void entries.
  23. If any prize offered is unavailable, we reserve the right to select alternative prizes of equivalent value and we reserve the right to modify, supplement or withdraw all or part of this competition without notice and no refunds of costs of entry will be payable.
  24. Entrants acknowledge that in consideration of the prize offered to winners by us the winning entries may be released, performed or displayed to the public by us or any company connected with the promotion. This will be in the form of the winner’s name and place of origin. Entrants agree that we are the owner of all right, title and interest in all entries, including the entire copyright, whether now existing or howsoever, arising in the future, including all worldwide rights to promote, reproduce for commercial use or otherwise, edit, advertise and publicise, produce, record and reproduce by any art medium or method whether now known or later developed (‘Exploitation Rights’) to be exercised in our sole discretion throughout the world for the full term of copyright and other rights in the entries and all extensions thereof including for the avoidance of doubt the right to register any design rights and/or trademarks. Entrants undertake to do all things necessary, including the execution of any requisite documentation to transfer the Exploitation Rights to us, as and when requested by us.
  25. Further, the entrant irrevocably and unconditionally waives all moral rights to which they may now or at any time in the future be entitled pursuant to any copyright law and under any similar law in force from time to time anywhere in the world in respect of all works referred to herein.
  26. By entering into a competition it is deemed that you have read and understood these rules.
  27. In the case of a competition by means of a draw, the draw will take place within 3 weeks of the closing date of the competition, unless otherwise stipulated.

Converge (Pty) Ltd T/a The Ooh! Box, our other affiliates, our competition partner/s and their respective shareholders shall not be liable in any way whatsoever for any loss, damage, injury or costs, howsoever arising, suffered as a result of your participation in a competition.