Sales Terms & Conditions Wine Sales
1. The Customer agrees that (a) this Agreement represents the entire Agreement between the Customer and Nobile Savage Investments (Pty) Ltd trading as Bartinney (hereinafter called Bartinney) and that no alterations or additions to this Agreement may be affected unless agreed to by both parties, reduced to writing and signed by the Customer and a duly authorised representative of Bartinney (b) this Agreement will govern all future contractual relationships between the parties; (c) this Agreement is applicable to all existing debts and future debts between the parties; (d) this Agreement is final and binding and is not subject to any suspensive or resolutive terms or conditions; (e) any conflicting conditions stipulated by the Customer are expressly excluded; (f) these terms supersede all previous conditions of Agreement without prejudice to any securities or guarantees held by Bartinney and (g) these terms apply to all agents of Bartinney.
2. This Agreement only becomes final and binding on receipt and acceptance of this offer by Bartinney at its business address in Stellenbosch.
3. The Customer acknowledge that it does not rely on any representations made by Bartinney in regard to the goods and services or any of its qualities leading up to this Agreement other that those contained in this Agreement. All specifications, price lists, performance figures, advertisements, brochures and other technical data furnished by Bartinney in respect of the goods or services orally or in writing will not form part of the Agreement in any way unless agreed to in writing by Bartinney.
4. The customer agrees that neither Bartinney nor any of its employees will be liable for any negligent or innocent misrepresentations made to the Customer.
5. It is the sole responsibility of the Customer to determine that the goods or services ordered are suitable for the purpose of intended use.
6. The Customer hereby confirms that the goods or services on any Tax Invoice issued duly represents the goods or services ordered by the Customer at the prices agreed to by the Customer and, where delivery / performance has already taken place, that the goods or services were inspected and that the Customer is satisfied that these conform in all respects to the quality and quantity ordered and are free from any defects.
7. Bartinney shall be entitled in its sole discretion to split the delivery ordered in the quantities and on the dates it decided.
8. Bartinney shall be entitled to invoice each delivery actually made separately.
9. Any delivery note or invoice (copy or original) signed by the Customer or third party engaged to transport the goods and held by Bartinney shall be prima facie proof that delivery was made to the Customer.
10. If Bartinney agrees to engage a third party to transport the goods, Bartinney is hereby authorised to engage a third party on the Customer’s behalf and on the terms deemed fit by Bartinney.
11. The Customer indemnifies Bartinney against any claims against Bartinney that may arise from such agreement in clause (10).
12. The Customer has no right to withhold payment for any reason whatsoever and agrees that no extension of payment of any nature shall be extended to the Customer and any such extension will not be applicable or enforceable unless agreed by Bartinney, reduced to writing and signed by the Customer and duly authorised representative of Bartinney.
13. The Customer is not entitled to set off any amount due to the Customer by Bartinney against this debt.
14. The Customer agrees that the amount due and payable to Bartinney may be determined and proven by a certificate issued and signed by any director or manager of Bartinney, whose authority need to be proven or by any independent auditor. Such certificate shall be binding and shall be prima facie proof of the indebtedness of the Customer.
15. The Customer agrees that interest shall be payable at the maximum legal interest rate prescribed by the National Credit Act 34 of 2005 if that Act is applicable, or at double the repo rate as declared by the Reserve Bank from time to time if that Act is not applicable, on any moneys past due date to Bartinney and that interest shall be calculated daily and compounded monthly from the date that the debt first became due.
16. The Customer agrees that if an account is not settled in full (a) against order, or (b) within the period agreed, Bartinney is (1) entitled to immediately institute action against the Customer at the sole expense of the Customer, or (2) to cancel the Agreement and take possession of any goods delivered to the customer and claim damages. These remedies are without prejudice to any other right Bartinney has in terms of this Agreement or in law. Bartinney reserves the right to stop supply immediately on cancellation or on non-payment.
17. A Credit Approved Customer will forthwith lose this approval when payment is not made according to the conditions above and all amounts then outstanding shall immediately become due and payable.
18. Bartinney shall be entitled to withdraw credit facilities at any time within its sole discretion.
19. In the event of cancellation, the Customer shall be liable to pay (a) the difference between the selling price and value of the goods at the time of the repossession and (b) all other costs incurred in the repossession of the goods. The value of the repossessed goods shall be deemed to be the value placed on them by a sworn valuator after such repossession, and such valuation shall be conclusive proof of the value. If the goods are not recovered for any reason whatsoever, the value shall be deemed to be nil. In event of cancellation of the Agreement by Bartinney, it shall be entitled to repossess any goods that have been delivered to the Customer and remains unpaid by the due date.
20. All goods supplied by Bartinney remain the property of Bartinney until such goods have been fully paid for.
21. The Customer agrees that no goods may be returned to Bartinney for a credit / replacement after a period exceeding 90 days from date of delivery.
22. The Customer shall not allow the goods to become encumbered in any manner prior to the full payment thereof and shall advise third parties of the rights of Bartinney in the goods.
23. The Customer shall be liable to Bartinney for all legal expenses on the attorney-and-own-client scale incurred by Bartinney in the event of (a) any default by the Customer or (b) any litigation in regard to the validity and enforceability of this Agreement. The Customer shall also be liable for any tracing, collection or valuation fees incurred as well as for any costs, including any stamp duties, for any form of security that Bartinney may demand.
24. The Customer hereby consents to the storage and use by Bartinney of the personal information that it has provided to Bartinney or establishing its credit rating and to Bartinney disclosing such information to credit control companies, banks and other institutions involved in rating credit. The Customer agrees that Bartinney will not be held liable for the good faith disclosure of any of this information to such third parties and that no further specific consent needs to be obtained for the transfer of such information to a specific third party.
25. The Customer hereby consents that Bartinney can provide personal information of the Customer to third parties, if the Customer has indicated Bartinney as a trade reference to third parties and Customer agrees that Jordan Winery will not be liable for the good faith disclosure of any of this information to such third parties.
26. Each provision of this Agreement is severable from the other provisions. Should any provision be found to be invalid or unenforceable for any reason, the remaining provisions of this Agreement shall nevertheless remain binding and continue with full force and effect.
27. Any order is subject to cancellation by Bartinney due to acts of God or any circumstance beyond the control of Bartinney, including (without restricting this clause to these instances): inability to secure labour, power, materials or supplies, war, civil disturbance, riot, state of emergency, strike, lockout, or other labour disputes, fire, flood, drought or legislation.
28. Any order is subject to cancellation by Bartinney if the Customer breaches any term of this Agreement or makes any attempt of compromise, liquidation, sequestration, termination or judgement is recorded against the Customer or any of its principles.
29. The Customer agrees that Bartinney will be immediately and irrevocably released from any contractual damages and penalty obligation should any event in clause 27 or 28 occur
30. This Agreement and its interpretation is subject to South African law.
31. The Customer hereby consents that Bartinney shall have the right to institute any legal action in either the Magistrate’s Court or the Cape Town Local Division of the High Court at its sole discretion. These South African courts shall have exclusive jurisdiction in any litigation between the parties arising from whatsoever source.
32. Any document shall be deemed duly presented to and accepted by the Customer (i) within 5 days of prepaid registered mail to any of the Customer’s business or postal addresses or to the personal address of any director, member or owner of the Customer; or (ii) within 24 hours of being faxed to any of the Customer’s fax numbers or any director, member’s or owner’s fax number; or (iii) on being delivered by hand to the Customer or any other director, member or owner of the Customer; or (iv) within 48 hours if sent by overnight courier or (v) within 7 days of being sent by surface mail; or (vi) within 24 hours of being e-mailed to any e-mail address provided by the Customer.
33. The Customer chooses its address for any notification or services of legal documents or processes as the business address or the physical addresses (domicilium citandi et executandi) of any Director (in the case of a Company), Member (in the case of a close corporation) or of the Owner (s) or Partner (s).
34. The Customer undertakes to inform Bartinney in writing within 7 days of any change of Director, Member, Shareholder, Owner or Partner or address or 14 days prior to selling or alienating the Customer’s business and failure to do so will constitute a material breach of this Agreement. Upon receipt of such written notification, Jordan Winery reserves the right, at its sole discretion, to withdraw any credit facility advanced to the Customer.
Card acquiring and security
Card transactions will be acquired for Bartinney via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on the website. Users may go to http://www.paygate.co.zato view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Bartinney separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to http://www.paygate.co.za
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).
Bartinney 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.
Country of domicile
This website is governed by the laws of South Africa and Bartinney 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.
Bartinney may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by Noble Savage Investments (Pty) Ltd based in South Africa trading as Bartinney and with registration number 2012/040080/07.
Physical Address: Bartinney Farm, Helshoogte Pass, Stellenbosch 7601
Telephone: +27 21 885 1013
Terms and Conditions Bartinney Accommodation
Tariffs are Quoted: Inclusive of VAT. In South African Rands (ZAR). Subject to availability.
Tariffs Changes: All tariffs quoted are subject to change, without prior notice, however, rates quoted for confirmed bookings will be honoured.
Tariffs Exclude: Wine purchases, gratuities, laundry services, transfers and airport transfers. Lunch or dinner.
Peak Season: During peak season the following payment and cancellation policy applies:
A 25% non-refundable and non-transferable deposit is payable within seven (7) days from the date of confirmation for all bookings between 15 December and 10 January. Please note that the full balance of payment is due by 1st November for bookings between these dates. This is non-refundable. If full payment is not received by the due date the booking will be released.
Minimum stay: Please note that during high/peak/festive season we operate a dynamic minimum night stay policy whereby we will seek to accommodate any length of stay provided that the booking does not create an unsellable night.
Low Season: To secure your reservation a minimum amount equal to the first night’s stay is required within 7 days of the requested booking. The remaining balance of the payment is due 30 days prior to the date of arrival. Should payment not be received as stipulated, Bartinney reserves the right to cancel the reservation.
Payment: Below, please find our banking details for EFT payments. Should you wish to supply credit card details, kindly fill out your details on the credit card authorisation form.
Please remember to use “ACCOMMODATION” followed by your booking number as your reference.
The following cancellation fee applies on the full value of the booking:
If cancelled within 30 days prior to arrival – 25% cancellation fee
If cancelled within 14 days prior to arrival – 50% cancellation fee
If cancelled within 7 days prior to arrival or no show – 100% of cancellation fee
The following cancellation guidelines applies to group bookings:
If you have booked for 3 or more suites and cancel within 30 days of arrival, you will be liable for 50% of the cost.
If cancellation takes places within 7 days of arrival, 100%
If cancelled within seven days prior to arrival or no show, will be subject to a full cancellation fee of the value of the accommodation booked.
Children: We accommodate children over the age of 12. Any child under the age of 12 will be permitted at management’s discretion. Infants 0-2 years are accommodated free of charge. For all children under 12 an indemnity form would need to be signed by a parent/legal guardian of the child being accommodated. Any breakages or damages incurred will be charged to parent/legal guardian’s bill and paid for on check-out. No additional beds can be placed in the parents/ guardian’s room for the child and a separate room will need to be reserved.
Arrival/ Departure: Check-out time is 11h00 the morning of your departure. If you would like a late check-out, please contact reception on +27 (0)21 885 1013, the day before you depart to see if this can be arranged. If no arrangements have been made, a half day rate will be charged to your suite, and settled upon departure. If a late check-out is not possible, we will be more than happy to store your luggage securely for you until such time as you are ready to depart. Check-in time is available from 14h00 until 18h00. Should you be unable to check in between these hours please notify us as soon as possible, in order for us to arrange a reasonable check-in time accordingly.
Smoking: South Africa has strict non-smoking laws associated with public spaces and guest accommodation. Bartinney accommodation is a smoke-free establishment. Please consider other guests by only smoking in designated areas such as the car park and lawn area in front of the wine cellar. Please refrain from smoking in your suite or on the veranda. Guests who smoke in their suites will be charged for any resulting damage and dry-cleaning costs of the furnishings.
Pets: No pets are allowed to overnight in suites nor on the property.