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Website terms and conditions of use relating to www.thegiftstore.co.za

Office Trading hours: Monday to Friday 09:00 – 17:00 (South African public holidays excepted)

The Gift Store reserves the right to change, modify, add to or remove sections 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 the terms and conditions on 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 changes or updates.

Copyright and intellectual property rights

The current information (or future information) displayed on this website is supplied by the provider (The Gift Store), its affiliates and/or subsidiaries, or any other third-party, and includes but is not limited to literary works, musical works, artistic works, sound recordings, cinematograph films, sound and television broadcasts, program-Carrying Signals, published editions and computer programs ("the content"). All such proprietary works, and the compilation of the proprietary works, are copyright of the provider, its affiliates or subsidiaries, or any other third-party owner of such rights ("the owners"), and is protected by South African and international copyright laws. The providers reserve the right to make any changes to the website, the content, or to products and/or services offered through the website at any times and without notice. All rights in and to the content is reserved and retained by the owners. Except as specified in these terms and conditions, the user is not granted a license or any other right including without limitation under copyright, trademark, patent or other intellectual property rights in or to the content.

Limited license to general users

The provider grants the user, subject to 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 provider. The license does not allow the user to collect product or service listings, descriptions or other information displayed here, and does not allow any website 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 provider and the owners do not offer products or services to minors. If you are under the age of 18, you may not respond to or otherwise accept or act upon any offers in the website.

The provider and the owners, their affiliates or subsidiaries reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion. Any unauthorized use terminates this license.

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 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, or are emancipated or have your guardian’s consent to enter into a contract being these terms of use. The Sale of Wine to Minors is Prohibited by Law

The age at which wines may be sold and delivered to persons is legislated in each country. In the Republic of South Africa, United Kingdom and the European Union wines may be sold and delivered only to persons who are at least 18 years of age. In the United States of America wines may be sold and delivered only to persons who are at least 21 years of age. By ordering from the Website you affirm that you are at least of the applicable legal age and that the person to whom your wine will be delivered is also of applicable legal age. When the wines are delivered, the person receiving delivery may be required to show identification proving that he or she is of applicable legal age. Intellectual Property Rights

ALL USERS OF THE SITE MUST BE (AND ACKNOWLEDGE BY THEIR USE HEREOF THAT THEY ARE) OVER THE AGE OF 18. LIQUOR WILL NOT BE SOLD TO MINORS.

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. Neither provider nor any holding company, affiliate or subsidiary of the provider shall 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, or of any linked website, even if the provider is expressly advised thereof.

Indemnity

You herby indemnify The Gift Store and The Gift Store associates from any loss, damage, damages, liability, claim or demand due to or arising out of the use of the website or your breach of these terms of use.

Editorial Control

This Web site contains content provided by third parties and hyperlinks to other sites. The Gift Store 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 link should be removed.

Privacy: casual surfing

The user may visit the website without providing any personal information. The website servers will in such instances collect the IP address of the user’s computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent on the website, pages viewed, etc. The provider uses this information to determine use of the website, and to improve its content. The provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation. 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

Choice of law

This website is controlled, operated and administered by the provider 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 Cape Town High 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 provider and the user with regard to the use of the content and this website.

Email address: CUSTOMERSERVICE@THEGIFTSTORE.CO.ZA

Tel: +27 (0)61 391-4307

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