General Terms & Conditions
Welcome to Duikersdrift Winelands Country Escape. These Terms and Conditions (“Terms”) govern your use of our website https://duikersdrift.com/ and the purchase of our products and services, which include wine, olive oil, bath and body products, home and food goods (“Goods”), and accommodation bookings (“Services”). By using our website, placing an order, or making a booking, you agree to be bound by these Terms.
In compliance with the Electronic Communications and Transactions Act 25 of 2002, the following information is made available to you:
- Full name of business: SBG Holdco (Pty) Ltd t/a Duikersdrift Winelands Country Escape
- Legal status: Private Company
- Registration number: 2021/958567/07
- Physical address: Duikersdrift Winelands Country Escape, Old Drostdy Avenue, Portion 31 Farm 108, Tulbagh, Western Cape, South Africa, 6820.
- Telephone number: +27 (0)66 236 4122
- Email address: res@duikersdrift.com
- Website address: https://duikersdrift.com/
3.1. Your order for Goods or a booking for accommodation constitutes an offer to us. All orders are subject to acceptance by us.
3.2. An agreement is only concluded when we send you a confirmation email of your order (for Goods) or booking (for accommodation). We reserve the right to refuse or cancel any order or booking for any reason, including but not limited to product unavailability, pricing errors, or suspicion of fraud.
3.3. You have the opportunity to review your entire transaction, correct mistakes, and withdraw from the transaction before finally placing your order, in line with ECTA Section 43(2).
4.1. All prices are quoted in South African Rand (ZAR) and include Value-Added Tax (VAT) at the prevailing rate, unless otherwise stated.
4.2. We strive to ensure all prices are accurate, but errors may occur. If we discover a pricing error, we will inform you and give you the option to reconfirm your order at the correct price or cancel it.
4.3. Payment must be received in full before Goods are dispatched or accommodation bookings are considered guaranteed. We accept payment via Credit Card, Debit Card, EFT, Google Pay, Apple Pay.
4.4. For online payments, we use a payment system that is sufficiently secure with reference to accepted technological standards, as required by ECTA Section 43(5). We do not have access to or store your full credit card details.
5.1. We will deliver the Goods to the address you provided during the ordering process. We aim to dispatch orders within 2 business days.
5.2. In line with ECTA Section 46, we will execute your order within 30 days of receipt. If we cannot do so, we will notify you. If we fail to deliver within this period, you may cancel the agreement with seven days’ written notice and receive a full refund within 30 days.
5.3. The risk of loss or damage to the Goods passes to you upon delivery.
6.1. Governing Terms: All bookings for accommodation, experiences, or other on-site services are governed by the specific terms and conditions available on our website at: https://duikersdrift.com/terms-and-conditions (“Accommodation Terms”). By making a booking, you agree to be bound by those Accommodation Terms.
6.2. Key Booking Information: In summary, the key commercial terms for accommodation are as follows. For full details, including our complete House Rules and safety information, please refer to the Accommodation Terms linked above:
Reservations: A 50% deposit is required to secure a booking. The balance is due 7 days prior to arrival.
– Guest Conduct: You are responsible for the safety and supervision of children in your care. Guests must adhere to all safety rules, including the 20km/h speed limit and the prohibition on entering animal paddocks.
– Damage: We reserve the right to charge you for any deliberate or reckless damage caused to the property during your stay.
6.3. Cancellation by Guest: All cancellations must be submitted in writing to res@duikersdrift.com. The cancellation policy in your Accommodation Terms applies, which is summarised as:
– 14+ days before arrival: 50% of booking total forfeited.
– Within 7 days before arrival: 100% of booking total forfeited.
– No-shows and premature departures: 100% of the total booking value will be charged.
7.1. By ordering wine or other alcoholic beverages through our online store, you confirm that you are over the age of 18 (eighteen) years.
7.2. We reserve the right to request proof of age upon delivery. If such proof is not provided, the order may be cancelled with a refund minus delivery costs.
7.3. We will not sell or serve alcohol to any person who appears to be intoxicated.
8.1. Our policy for returning Goods (wine, olive oil, bath products, etc.) purchased through our online store is detailed in our separate Exchanges and Returns Policy, which is incorporated into these Terms by reference.
9.1. To the fullest extent permitted by South African law, SBG Holdco Pty Ltd / Duikersdrift Winelands Country Escape (including its owners, employees, and affiliates) shall not be liable for any indirect, incidental, or consequential loss or damage arising from the use of our website, Goods, or Services.
9.2. Our total liability to you for any claim arising from these Terms or your transaction with us is limited to the amount you paid to us for the specific Goods or Services in question.
9.3. We are not liable for any loss or damage arising from events beyond our reasonable control (Force Majeure), including but not limited to natural disasters, fire, floods, strikes, pandemics, government restrictions, or power outages.
All content on this website, including text, graphics, logos, images, and software, is the property of SBG Holdco (Pty) Ltd/ Duikersdrift Winelands Country Escape or its content suppliers and is protected by South African and international copyright laws.
We value your relationship with us and aim to resolve any concerns you may have efficiently and fairly. This clause sets out the process for resolving disputes between you and SBG Holdco (Pty) Ltd / Duikersdrift Winelands Country Escape.
11.1. Contact Us First
If you have any query, complaint, or dispute regarding our website, goods, services, or these Terms, please contact us at res@duikersdrift.com or +27 (0)66 236 4122.
11.2. Notice of Dispute
Without prejudice to your rights in law, before initiating any formal legal proceedings, you agree to first notify us in writing of your dispute and allow us a reasonable opportunity to resolve it. Please send any formal notice of a legal dispute to res@duikersdrift.com.
11.3. Resolution Period
Upon receipt of your notice of dispute, we will acknowledge it and work with you in good faith to resolve the matter. If we are unable to resolve the dispute within 21 business days of receiving your notice, then either party may proceed to refer the matter to arbitration as set out below.
11.4. Arbitration
Any dispute arising from or in connection with these Terms, including any question regarding its existence, validity, or termination, which cannot be resolved through the process in clauses 11.1 to 11.3, shall be referred to and finally resolved by arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA) .
- Arbitration Location: The arbitration will be held in Cape Town.
- Language: The arbitration will be conducted in English.
- Arbitrator: The arbitrator will be appointed in accordance with the rules of AFSA.
- Award: Any award from the arbitration will be final and binding on both parties, and judgement on the award may be entered in any court of competent jurisdiction.
- Default: The arbitrator will have the power to give a default award if any party fails to make submissions on the due date or fails to appear at the arbitration.
11.5. Urgent Relief
The provisions of this clause 11 do not prevent either party from approaching any court of competent jurisdiction to obtain interim or urgent relief (such as an interdict) on an urgent basis, pending the outcome of the arbitration.
11.6. Exclusions (Payment Defaults)
Any failure by you to pay for goods or services when due (a payment default) is excluded from the arbitration process in this clause. In the event of a payment default, we shall be entitled to proceed to institute legal action against you in a court of competent jurisdiction.
11.7. Governing Law
These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of South Africa.
We reserve the right to amend these Terms at any time. The latest version will always be posted on our website and will take effect immediately upon posting.