Terms & Conditions

Terms & Conditions (“terms of use”)

Introduction:

deVonk.co.za (the “website”) is an online shop, advertising and marketing platform developed to promote South African Wine Farms,Distilleries, Breweries and unique beverage Crafters.

Kindly review all our terms and conditions (“terms of use”) that govern your use of information and purchase of products from our site.  Important to note that the use of our site constitutes your agreement to follow and be bound by the terms of use.

Reading long and repetitive legal obligations is super important but tedious and frustrating we know…, so deVonk has tried making this a painless and easy-to-read process. Enjoy the read, it’s for your own good, remember that!

Website content:

Updating of our terms and conditions

deVonk reserves the right to modify, add and remove information from the terms and conditions as set out in the whole website as and when necessary. Changes will become effective immediately and it is the user’s obligation to periodically check these terms of use. 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 of use.

Monitoring

deVonk and our associated third-party providers have the right to monitor any activity and content associated with the website and all other deVonk social media platforms provided.  Any reported violationsof these terms of use, or inappropriate posted content, will be actioned accordingly by law, which include, but is not limited to, terminating the user’s access to the website or relevant social media platforms, removing unwanted content and cancelling of Memberships and legal binding contracts with Partners.

Our rights

deVonk will not be liable for, nor will the user be eligible to any compensation because the user cannot use any part of the website or because of a failure, suspension or withdrawal of all or part of the website due to circumstances beyond our control.  Where the website or any other deVonk social media platforms contain patent errors or price irregularities, deVonk will not honour such purchases, on condition that we refund the purchaser in full for any of these purchases.

Legal age and capacity:

Under the laws of the Republic of South Africa, you may not access thedeVonk website or accept any terms and conditions if you are under 18 years of age.  The age at which liquor may be sold and delivered to persons is legislated in each country and deVonk will ensure the applicable international laws are abided by for any exporting or international orders.  By ordering from deVonk’s online shop, you affirm that you are the applicable legal age and the person to whom the liquor will be delivered is also of legal age.  Upon delivery of all liquor, the person receiving the delivery may be required to show identification proving that he or she is of legal age.  By accessing the website and/or the content, you represent, warrant and agree that you are of full legal age to enter a contract being these terms of use. The sale of liquor to minors is prohibited by law.

Privacy policy:

deVonk, our internal team and associated third-party suppliers are committed to protecting your privacy. This privacy policy applies to all the web pages related to this website.  All the information gathered in the online forms on the website is used to personally identify users that subscribe to this service as Members and Partners. The information provided will not be used for anything other than which is stated in the terms of use for deVonk’s services. None of the information will be sold or made available to any third party under any circumstances, except by court order.  For analysis, trends and administration of the website, our site can collect information about your visit, such as the Internet Protocol (IP) address through which you access the Internet; the date and time you access the site; the pages that you access while at the site and the Internet address of the website from which you linked directly to our site.  If you have any questions or concerns about our privacy policy, please send us an e-mail on info@devonk.co.za.  By using this website, we regard and trust that you have read, understood and agree to our policies.  If you do not agree, kindly don’t use our site or any other platforms provided.  deVonk will take the relevant reasonable steps to protect your personal information.  The purposes of the “Personal Information” section is defined as detailed in the Promotion of Access to Information Act 2 of 2000 – South Africa.  To demonstrate commitment to compliance, deVonk works in accordance to the Protection of Personal Information Act 4 of 2013, including the Regulations for the Protection of Personal Information, codes of conduct, binding corporate rules, organisational standards for data protection as well as standards of good corporate governance, best practices, ethics and data subject expectations.  We will never share, disclose or sell your personal information unless we are required to do so by law.  Our aim is to safeguard our users’ integrity and to demonstrate socially responsible behaviour.

Website information & site usage:

Accuracy of information on the site

deVonk and all parties involved do our best to ensure that information on the website and other platforms provided, is complete, accurate and current.  All specifications, products, descriptions and prices of products on the site are subject to change at any time without notice to our users.  We make all reasonable efforts to accurately display the attributes of our products, including the applicable colours and materials.  The inclusion of any products or services on the site at a time does not imply or warrant that these products or services will be available at any time.  deVonk reserves the right to discontinue any product at any time.

Copyright

Unauthorized use of this website, the content and the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws.  You may only use this site to browse the content, make legitimate purchases; not for any other purposes.  False or fraudulent purchases are prohibited.  This site and the content provided in this site may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without legal written consent from deVonk (Pty) Ltd.  For any queries relating to this, kindly contact info@devonk.co.za

Terms of use

Your access to and use of the website is subject to your compliance with the terms and conditions set in the entire “Terms and Conditions” section.  deVonk suggests careful examining of these bounding legalities before accessing or using this website.  It remains your responsibility to regularly review all these terms and conditions. Chapter VII of the ECT Act grants certain rights to any natural person who enters or intends entering an “electronic transaction” with us on the website. None of these terms of use are intended to limit the rights so granted by the ECT Act.

DeVonk reserves the right, in its sole discretion, to terminate any user’s license, participation and access to the website, if we reasonably believe you might be in violation of our terms and conditions.  

In no event or manner may the site be used to:

harasses, abuses or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);

is unlawful, fraudulent, or deceptive;

provides sensitive personal information unless specifically requested by deVonk;

includes spam or any unsolicited advertising;

uses technology or other means to access deVonk or content that is not authorised by deVonk;

uses or launches any automated systems, including without limitation “robots”, “spiders” or “offline readers”, to access deVonk or content;

attempts to gain unauthorised access to deVonk’s computer network or user accounts;

attempts to access, damage or impair deVonk’s servers or networks through introducing viruses or programs that limit the functionality of our systems.;

impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity.

Cookies, tracking technology & data FusionWeb Technologies

Our website address is: https://www.fusionweb.co.za

What personal data we collect and why we collect it

When visitors leave comments on the site, we collect the data shown in the comments form, and the visitor’s IP address and browser user agent string to help spam detection.  An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it.

The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact formsCookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.  If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.  When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.  If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.  These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

AnalyticsWho we share your data with and how long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue. For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Intellectual property

The design of the website, the site as a whole and all materials that are part of the site (collectively, “contents”) including text, graphics, logos, icons, designs, colours, layout and trademarks are the intellectual property of deVonk ) Ltd (Pty) and our associates or licensed to deVonk and as such protected by South African and International Intellectual Property Law.  Any use of the contents without deVonk’s express written consent is strictly prohibited.

You may not copy, display or distribute deVonk’s content.  You may not access or use the site for any competitive or commercial purposes without prior written consent from deVonk.  All rights not expressly granted are reserved by deVonk, as applicable.

External links to third parties

deVonk’s website contains content provided by third parties and links to third-party websites.  We provide these links to you as a convenience; however, we do not accept any liability for defamatory, illegal or criminal content contained on these sites. You are responsible for viewing and abiding by the privacy statements as well as the terms of use posted on these third-party sites.

Any interactions or business dealings with third parties are entirely at your own risk and solely between you and such third party.

deVonk encourages you to please notify us if any link from our website directs you to unlawful sites so that we can investigate and if necessary, discontinue the specified link on info@devonk.co.za

 

Disclaimers:

Disclaimer of Liability

Your use of this website is entirely at your own risk.  Users, Partners and Members hereby acknowledge that the provisions of this section shall apply to all content on this website and associate deVonk platforms. Although we take the necessary steps to verify content and information presented, we do not endorse the accuracy or reliability of any advice, opinion, statement or recommendation made by ourselves or any third party.  We reserve the right, in our own discretion, to correct any errors or omissions on the website and take reasonable precautions in our operation of the website.  You agree that deVonk will not be liable in respect of any loss or damage caused by arising from the unavailability of, any interruptions in, your access to the website (either in part or as a whole) for any reason whatsoever.

Disclaimer of Warranty

deVonk, our team and any authors of the content, assume no responsibility for errors and cannot be held responsible for the customer purchasing the wrong product.  The content on the website is provided “as is” without any warranty of any kind.  We cannot make any representation regarding accuracy, safety and reliability of the contents and will not be liable for any indirect or incidental consequential damage which may result from the inability to use, abuse or misuse of these contents and products.  deVonk and our providers will continuously, to our best capabilities and intentions, inform our customers of the possibilities of damage or risks but cannot assume any obligations or responsibility.  The use of our content is forbidden in those places where the law does not allow this disclaimer to take full effect.

 

Applicable laws:

Conditions 

This website has been created and will be maintained in the Republic of South Africa and the jurisdiction of the South African Court governsthis user agreement and the use or inability to use the website. All the terms and conditions will be governed by and construed in accordance with the laws of South Africa.  South African Courts will have exclusive jurisdiction in any dispute.  deVonk reserves the right to make any changes to the Website and our associated platforms and to the User agreement without notice.

Disclosures required by the ECT Act

All transactions on the website are classified as “electronic transactions” in terms of the ECT Act.  deVonk discloses the following information in terms of Chapter VII of the ECT Act:

deVonk is a private company incorporated under the laws of the Republic of South African.

Registered name:​ ​de Vonk (Pty) Ltd

Registration number:2020/053969/07

Registration date:​​06/02/2020

Street Address:​​66 Coleridge Avenue, Farrarmere, Benoni, 1501

Liquor License Number:WCP/034762

Selling liquor law

deVonk trades in accordance to the Liquor Act 59 of 2003 that applies across the whole of South Africa and regulates the wholesale of liquor products.  The Provincial Liquor Acts apply in the provinces of South Africa and seek to control the distribution and retail sale of liquor to consumers.

Liquor licensing

deVonk applied for our liquor license in accordance with the Application for New Liquor License – Gauteng Province Section 23 of The Gauteng Liquor Act, 2 of 2003.  

Exporting laws

deVonk will approach the Directorate amongst other responsible for enforcing the Liquor Products Act, Act 60 of 1989 for any exporting outside of South African.  For any enquiries regarding exporting products, kindly contact us on info@devonk.co.za.  We will ensure all relevant abiding laws from countries outside of South African Law arefollowed to best practices.  Each exporting opportunity will be managed independently from the online shop on our website.

Indemnity, Rights Infringement & Arbitration:

Indemnity

The primary intention of this Indemnity Clause is to protect deVonk and our associates from being held legally liable for the consequences of actions taken or not taken by you in providing a service to our users, Members and Partners.  You hereby indemnify us from any loss, damage, liability, claim or demand due to or arising out of your use of the website or your breach of these terms of use.

Rights Infringement

If you are of the view that your rights have been infringed through the unlawful use of our website in any way whatsoever, please address this with us directly and an investigation will start upon receipt of thecomplaint.  Please ensure the following information is included:

Your full name and identification number;
Physical address, contact number and email address;
A written or electronic signature;
Identification of the content or activity that is claimed to be the subject of unlawful activity;
The remedial action required to be taken

It is of utmost importance that the complaint is an act of good faith and that the information provided is true and correct.  deVonk will, to the best of our abilities to lawfully act in accordance to required remedial steps.

Please address your notifications to:

Managing Director:  Leigh-Anne van As

Email: ​​​leigh@devonk.co.za

7.3​ Arbitration

All claims and disputes arising under or relating to the website’s terms and conditions, are to be settled by binding arbitration.  We will agree to attempt to resolve disputes between the parties directly involved within ten (10) business days.  In such an event that we are unable to informally resolve our dispute, we will resolve in accordance with the Rules of the Arbitration Foundation of South Africa by an arbitrator appointed by the Foundation.  All proceedings will take place in Gauteng, South Africa.  Subject to the provisions of the RIC Act, you agree to allow us to monitor your communications, disclose and use all your communications you send or post to our Website, to our staff, employees and third parties associated with us.  You agree and acknowledge that the consent you provide satisfied the requirements specified in the ECT Act and RIC Act.  Any award that may be made by the Arbitrator shall be final and binding, carried into effect and may be made an order of any court to whose jurisdiction the parties to the dispute are subject.

Ordering procedures:

Processing policy

All orders will only be processed once we receive a confirmed order and proof of payment via EFT or Ozow on the online shop.

Moneyback & returns policy

deVonk will gladly replace at our own cost, any product that in the unlikely event, delivered damaged to you.  To qualify for a full refund, photos of the damaged product need to be submitted immediately to info@devonk.co.za or on 068 206 2991.  The product needs to be in its original packaging upon collection and we reserve the right, where the packaging is damaged by the customer, to apply a 15% handling fee and to deny the refund as per policy.

Payment options  

All transactions will be processed in South African Rands (ZAR) at prevailing interest rates.  deVonk ensures competitive prices on our current products and the delivery fees are included upon orders placed.

Price changes

Due to the nature of our products, deVonk reserves the right to change prices at any time without prior notice to you.  For exporting orders, prices on products will be managed in the applicable manner negotiated at the time.  For any wholesale and reseller orders, the quotations will be valid for 14 (Fourteen) days, unless otherwise stated in the formal proposal.

Terms of sales

Prior to our acceptance of an order, you will be required to verify your information.  deVonk reserves the right to accept or decline your order for any reason whatsoever.  We have the right to limit the number of items ordered by you as well as refusing service to you without prior notification.  

Bulk orders

Bulk orders are considered 60 bottles or more.  Kindly contact us on info@devonk.co.za for assistance in this matter.  Availability of products and delivery lead times may vary as those stated on the website and online shop.

Payment procedures & policy:

Payment policy

We have partnered with instant EFT solution Ozow, formerly known as i-Pay to bring you an additional and easier way of transacting online from the comfort of your home, by using your smartphone to makepayments.  No need to register with Ozow to pay nor download any app, simply use your existing cell phone/online bank details to pay via Ozow. Ozow is a seamless, hassle-free and instant method of settling your outstanding account, making the loading process quick and easy within seconds. Ozow allows you to make payments from any of your online bank accounts e.g. savings account, credit card account, cheque account, etc. and as 31 March 2020, Tyme and African Bank have been introduced to the Ozow platform, offering you to make payments with any of the 8 major banks in South Africa.  All you need to pay via Ozow is an online bank account. The payment is made immediately (no need to email us a proof of payment), allowing us to process your payment faster, with no added costs to you.  For any queries, kindly contact us before making any purchases for any of our products or services available on this website on info@devonk.co.za

9.3​ Refunds & dispute policy

All return queries and payment disputes should be directed to info@devonk.co.za and the applicable refund method will be ensured to our customers.  Refunds will reflect in our customer’s bank account between 48 and 72 hours.  Ozow cares about your privacy. As a responsible payment solutions service, secure processing of your personal information is of utmost importance to us.  As such, we ensure that we process your personal information in keeping with laws and regulations that are aimed at protecting the integrity of your personal information.  Ozow has taken an extremely cautious approach to security by being registered as a Systems Operator with the Payment Association of South Africa (PASA) and by being PCI DSS Level 1 compliant  with an EV SSL certificate issued by Thawte under which traffic is encrypted between users and servers so as protect against interception of your sensitive data. 

Terms & conditions of carriage – The Courier Guy (“TCG”):

Conditions of carriage

TCG shall not be a public or common carrier in relation to the carriage of goods forming the subject of these conditions and any goods carried are accepted subject to the conditions herein.

These conditions supersede all previous published terms and conditions. These conditions supplement and detail the general terms and conditions on the back of TCG waybills and other publications. In case of conflict between these conditions and the conditions on any TCG waybill, manifest, shipping label or other transit documentation, these conditions govern to the extent that they do not conflict with the mandatory rules relating to liability for carriage provided by the laws of South Africa.

TCG reserves the right to unilaterally modify, amend, change or supplement these conditions without notice. No amendment or consensual cancellation and/or variation of any of the provisions or terms hereof and no extension of time or waiver or relaxation of any provisions of this agreement shall be binding unless recorded in a written document signed by a duly authorised director of TCG and a duly authorised representative of the Customer.

All business undertaken including guidance, information or service provided by TCG shall be subject to the conditions set out and each condition shall be deemed to be incorporated in and to be a condition of this Agreement between TCG and the Sender of the goods.

The Sender confirms that it does not rely upon or claim any other terms, warranties, conditions or representations relating to the use of the services under this Agreement.

The Sender will be bound by the signature of any of its employees, servants and agents on the TCG Waybill.

Goods are accepted subject to the conditions stipulated by all other carriers, sub-contractors, handlers and any other parties into whose possession or custody they may pass to finalize and deliver goods that come into their possession.

Under no circumstances shall any strict liability attach to TCG.

Operational procedures 

TCG reserves the right to transport the goods received from any Customer and/or the Sender by any means at its disposal and may use any carrier to perform its duties. All goods that require forwarding to facilitate delivery may be held at TCG’s discretion and the Customer and/or the Sender’s cost until suitable delivery arrangements can be arranged. TCG is entitled to use independent parties to perform any of the functions required for completion of its duties. TCG shall have no responsibility or liability to the Customer and/or the Sender for any act, or omission of such third party even though TCG may be responsible for the payment for such third parties’ charges. TCG however reserves the right to, at its sole election, take action on behalf of the Customer and/or the Sender should the independent carrier fail to carry out its duties suitably. The costs associated with taking such action would be for the account of the Customer and/or the Sender and are payable on demand.

Timeous instructions

The customer shall be obliged to give any instructions to TCG timeously and in writing in order to afford TCG a reasonable opportunity to comply with such instructions, but TCG shall be entitled, but not obliged, to act on oral instructions alone. If there is a conflict between any oral or written instructions or between the various written instructions themselves, or in the absence of instructions, TCG shall determine the course to be adopted, in its sole discretion, having regard to the Customers known requirements, if any, and if not, it is recorded that Overnight Service shall be the default service selected. Notwithstanding that TCG may purport or attempt to act on any instructions, no liability shall attach to TCG for failure, whether negligent or otherwise, to perform such instructions. TCG shall be entitled to recover its charges and/or expenses including those incurred acting in terms hereof.

Tariffs and quotations

All quotations, rates, tariffs and surcharges are subject to withdrawal or revision by TCG at any time. TCG shall be at liberty to revise all quotations, rates, tariffs or surcharges with or without noticing cases where TCG’s costs are affected by any of its suppliers and may do so without notice to the Customer. Charges are calculated on the basis of either actual or volumetric mass, and for purposes of rating, the greater of the two calculations is deemed to be the chargeable mass for the purposes of measuring the volume, mass and/or dimensions of any package. The measurements as calculated by the dimension’s machinery and/or company representative will be regarded as conclusive proof of the volume, mass and/or dimensions of the package so measured. Only written quotations provided by TCG will be valid.

Collection of goods

If any goods have not been accepted or collected by the Recipient and/or its nominee within a reasonable time after the tender thereof, and for the purposes thereof notification to the Recipient and/or its nominee of the fact that the goods are available for collection or that TCG is willing to deliver the goods shall be deemed to be a good and sufficient tender, TCG shall notify the Customer at its legal address (domicilium citandi et executandi) and, after the expiration of ten (10) days from the posting to that address of such written notice and unless the Customer shall give TCG instructions to redeliver the goods, at the Customer’s expense, TCG shall be entitled and authorised irrevocably and in re suam, to sell or dispose of the goods and retain from the proceeds the charges, expenses and costs incurred in the carriage thereof.

TCG’s lien and other rights in terms of goods in TCG’s possession

TCG and /or its nominee reserve the right to open and examine any goods tendered to fulfil security obligations at any time;

TCG shall have a lien and shall be entitled to hold any goods, documents and/or any refunds, claims or recoveries in its possession or under its control as security for any monies owing to TCG by the Customer, whether past or present, for the carriage of any Goods subject to these terms and conditions of carriage;

Although TCG may initially have granted credit to the Customer, TCG may at any time, at its sole discretion, retain possession of any goods pending the discharge of the Customer’s indebtedness to TCG;

In the event that TCG exercises its lien and retains possession of any goods as reflected herein above, then TCG shall be entitled to store the goods at such place as it deems fit, at the Customer’s expense;

If any monies owing to TCG are not paid by the Customer within 30 (thirty) days after they are due, TCG shall be entitled, without further notice to the Customer:

to open and examine the goods;
to sell the whole or any part of the goods in such manner and on such conditions as it deems fit;
to apply the proceeds of any sale, after deducting all expenses thereof, in payment or reduction of any amount due by the Customer to TCG (including storage costs envisaged in clause 7.3 here above, provided that any surplus shall be paid over to the Customer without interest immediately after the sale, if the Customer’s address is known, and if not, upon demand made by the Customer within 90 (ninety) days of the sale.

TCG shall not be liable for any loss, damage or deterioration of any such goods attributable to the implementation of this clause;

TCG’s rights under this clause are not exhaustive and are in addition to any other rights which it may have against the Customer;

If it is necessary for an examination to be conducted by TCG in respect of any discrepancy in the goods which are landed from any vessel, aircraft, vehicle or container, the responsibility to comply with any regulations, laws and/or obligations pertaining to the goods remains that of the Customer and/or the Sender, notwithstanding the contractual relationship between TCG and Customer and/or the Sender.

Packaging and delivery parameters

TCG does not accept or courier packages which exceed the size limitation being 1m x 1m x 1m and the weight limitation being, 50kgs;

TCG shall not be liable for any loss, damage or deterioration of any goods and as such we emphasize that it is the sole responsibility of the Customer / Sender to:

package goods for transportation and ensure that all goods are adequately packaged to withstand the ordinary incidents of transit risk and normal rigours of road transportation. TCG may supply a container to the Sender wherein which to place the goods;
adequately and clearly address each consignment to enable effective delivery thereof.

Delivery of goods

The onus of establishing the conditions of the goods at the time of delivery thereof by TCG shall rest with the Customer and/or the Sender. Without limiting the generality of the a foregoing, TCG shall be entitled to delay the dispatch of any goods or expedite the date of dispatch if they, in the sole discretion of TCG, consider it necessary for the safety of the goods or if, in the sole discretion of TCG, there is a backlog of goods with higher priority and/or any other reason. TCG will only deliver goods that are the property of the Customer and/or the Sender and the Customer and/or the Sender warrants that it is authorised to accept and it accepting these conditions not only on behalf of itself, but also as agent for and on behalf of all other persons who are or may become interested in the goods. The Customer and/or the Sender hereby undertake to indemnify TCG against any damages, costs and expenses resulting from any breach of this warrantee.

Company liability 

TCG shall not be liable for any loss or damage to the goods. Where Customers lodge a claim and TCG chooses to accept limited liability as specified herein, then and in such a case, no such claim shall be considered unless the Customer and/or Sender lodges a claim in writing within 48 hours after delivery of the goods to the Recipient (see INSURANCE AND ASSUMPTION OF LIABILITY below). We reiterate claims received after this time period will not be considered. Further to the above:

The Company’s liability shall not exceed R1,000 (ONE THOUSAND RAND) per consignment of goods;

TCG shall not be liable for indirect or consequential loss or damage to any consignment of goods;

TCG shall not be liable whatsoever for any loss or damages howsoever arising in respect of late or non- delivery of any goods.

Loss or damage to goods 

No responsibility or liability whatsoever shall attach to TCG or its employees for any loss or damage to goods unless such loss or damage:

Occurs whilst the goods are in actual care, custody and control of TCG;

Is due to the negligence, intentional and/or wilful act or default of TCG or its employees.

TCG shall under no circumstances be liable for:

Loss or damage incurred through goods being tendered with inadequate packaging and packing;
Any loss or damage whatsoever caused by the perishable, fragile or brittle nature of the goods and packaging;
Loss or damage to any parcel exceeding the prescribed size or weight limitations being 1mx1mx1m, and 50kgs.

Notwithstanding anything to the contrary contained or implied in this clause 11 (eleven), No assumption of liability by TCG is extended to the following: mechanical or electrical goods unless contained in brand new and original packaging. Antiques or antiquities of any description, arms, ammunition, live animals of any description, bank and treasury notes, bullion, bulk cargo of any description, cash, deeds, designs, documents, explosives, furs, gold bullion, silver nuggets, models, moulds, patterns, plans, precious metals, specie, travellers cheques, brass and scrap metal, seafood, fresh produce, frozen goods, aircraft unless TCG agrees in writing prior to the goods being tendered to accept liability for the handling of the items listed in this clause;

TCG is for any reason unable to effect delivery of the goods, reasonable steps would be taken to return the goods to the Customer and/or the Sender. The Customer and/or the Sender shall be responsible for the costs of carriage, attempted delivery and return of the goods.

Dangerous goods 

No goods will be received or accepted by TCG including radioactive materials which are or may become dangerous, inflammable or noxious, or which by their nature are or may become liable to cause injury or damage to any person, goods or property whatsoever without TCG’s consent in writing prior to the goods being tendered. Should TCG consent to the movement of any of the above, the containers or packaging must be marked accordingly as to comply with the applicable legislation, regulations or requirements of any authority. TCG reserves the right to destroy any of the above should the necessary consent not be confirmed in writing prior to the goods being tendered. Whether or not the Customer and/or the Sender was aware of the nature of the goods and whether or not TCG’s written acceptance thereof was obtained, The Customer and/or the Sender shall be deemed to have indemnified TCG against loss, damage or liability caused by TCG as a result of the tender of the goods to TCG. TCG shall not transport any prohibited goods including without limitation any goods and materials, the carriage of which is prohibited by any laws, rules and/or regulations. In the event that the Customer and/or the Sender consigns such items with TCG, the Customer and/or the Sender shall indemnify TCG against all claims, damages or losses arising in connection herewith and TCG shall have the right to deal with such items as it shall see fit including the right to abandon carriage of the same immediately upon TCG having knowledge that such items infringes on these conditions. The Customer and/or the Sender shall be responsible and liable, without limitations for all costs, fines, damages, loss of income and/or legal costs which TCG may incur as a result of the Customer and/or the Sender’s breach of this clause;

Under No circumstances will TCG accept liability for goods of this nature (as set out above) and customer and/or sender must provide written proof that the goods in question are comprehensively insured with a reputable insurer for the duration of the carriage of the goods prior to the goods being taken into TCG’S care, custody and control.

Insurance and assumption of liability 

TCG does not provide insurance to the Customer. However, subject to the terms and conditions herein and only in particular stated instances, TCG will assume liability for any loss suffered by a Customer in respect of the items specified in the waybill subject to an additional charge being levied in respect thereof, and provided further that the Customer has indicated specifically that such assumption of liability is required;

In the event that the Customer has indicated on the waybill that assumption of liability is required, an additional fee shall be charged for assumption of liability which shall be payable by the Sender /Customer to TCG as follows:

In the event that the Customer has indicated on the waybill that assumption of liability by TCG is required but no value is declared on the waybill or otherwise, a fee in the amount of R50.00 shall be charged for the assumption of liability by TCG to the value of an amount not exceeding R2,500.00 (TWO THOUSAND FIVE HUNDRED RAND);

In the event that the Customer has indicated on the waybill that assumption of liability by TCG is required and the declared value exceeds R2,500.00 (TWO THOUSAND FIVE HUNDRED RAND), the fee charged for assumption of liability by TCG shall be 2% of the declared value but not exceeding R10,000.00 (TEN THOUSAND RAND);

Prepaid Customers shall automatically receive the benefit of TCG assuming liability to the value of an amount not exceeding R1,000.00 (ONE THOUSAND RAND) at no extra fee charged;

In the event that a Prepaid Customer has indicated that assumption of liability is required, and the declared value exceeds R1,000.00 (ONE THOUSAND RAND) the fee charged for assumption of liability by TCG shall be 2% of the declared value.

Important exclusions

TCG is not responsible for the packaging of the customer’s parcel/s and shall not, under any circumstances be liable for any loss or damage to a parcel/s which was not adequately and appropriately packaged to withstand the ordinary rigors and risk of courier transit and road transportation. TCG shall not courier or accept liability for any parcel exceeding the prescribed size limitation being 1m x 1m x 1m and 50kgs;

TCG is not responsible for ordinary loss in weight or volume or ordinary wear and tear of the consignment of goods;

TCG is not responsible for loss, damage or expense caused by delay, even though the delay caused by a risk insured against;

Claims shall only be considered if the waybill has been endorsed, i.e. confirming the damage / loss on delivery or endorsed to read “not unpacked and checked”.

The Customer and/or Sender shall advise TCG in writing, strictly within 48 hours, of the damaged/ lost or stolen goods being delivered/or expected to receive, at claims@thecourierguy.co.za. No claims will be entertained if not received within the 48-hour notice period;

TCG’s assumption of liability for the declared value of any one parcel, shall not exceed R30,000.00 (THIRTY THOUSAND RAND). In the event that the declared value exceeds R30,000.00, special arrangements must be made with TCG. The declared value must be substantiated, by a purchase invoice or an up to date valuation certificate from a professional valuator;

No assumption of liability by TCG is extended to the following: mechanical or electrical goods unless in brand new and original packaging. Antiques or antiquities of any description, arms, ammunition, live animals of any description, bank and treasury notes, bullion, bulk cargo of any description, cash, deeds, designs, documents, explosives, furs, gold bullion, silver nuggets, models, moulds, patterns, plans, precious metals, specie, travellers’ cheques, brass and scrap metal, seafood, fresh produce, frozen goods, aircraft;

All charges, including the fees charged, owing to TCG in respect of the assumption of liability will be payable to TCG as per the conditions of payment laid out in these conditions of carriage.

In the event of the customer wanting to lodge a claim:

The damaged goods must be returned to TCG together with the original invoice reflecting the purchase price (proof of value) of the item. These are required for assessment and/or salvage prior to consideration of a claim. Should the damaged goods and proof of value of item/s not be received by TCG, TCG shall not be obligated to honour its limited assumption of liability;
the customer shall be responsible for the first amount or excess amount as follows:
In the event of a hi-jack or theft a minimum of 15% of the declared value will be charged);
In the event of loss due to non-hi-jack or no theft a minimum of 10% (TEN PERCENT) of the declared value will for charged.
The excess will automatically be deducted prior to settlement.

Warsaw convention

When shipments are tendered for international destinations the provisions of and law to the Warsaw Convention may apply and, in most cases, further limits the liability of TCG in respect of loss or damage to such consignments.

Legal

In cases where non-payments of monies due to TCG occur, the Customer and/or the Sender shall be liable for and shall pay all legal costs incurred by TCG. The Customer and/or the Sender shall be liable for all costs incurred in the recovery of any monies hereunder, including collection commission, attorney and own client costs, whether incurred prior or during the institution of legal proceedings, or, if Judgment has been granted, in connection with the satisfaction or enforcement of such Judgment.

General

No Relaxation or indulgence of these conditions of carriage shall in any way prejudice TCG’s rights nor shall they be deemed to be a waiver of any of TCG’s rights in terms of these conditions and no variation, waiver, indulgence and/or relaxation of such conditions shall be binding upon TCG.

Domicilium Citandi Et Executandi

The Customer and/or the Sender appoints their address as set out under “Details of Customer” in the Credit Application as his domicilium citandi et executandi for all purposes relating to his agreement and may amend this in writing to TCG within seven (7) working days of the change.

Jurisdiction of Magistrates Court

The Customer and/or Sender hereby consents in terms of Section 45 of Act 32 of 1944 or any amendment thereof to TCG taking legal proceedings for enforcing any of its rights under this Agreement for recovery or monies claimable under this Agreement or otherwise, if it so elects, in the Magistrates Court in any district having jurisdiction in respect of the Lessee by virtue of section 28(i) of the aforesaid Act. Furthermore, TCG shall be entitled, at its sole election, to institute any proceedings against the Customer and/or the Sender in any Magistrates Court having jurisdiction over it, even though the cause of action or amount claimed is beyond the jurisdiction of the court. This clause does not preclude TCG from, at its sole discretion and election, instituting action in the High Court and the Customer and/or the Sender also consents to the jurisdiction of the High Court in the jurisdiction elected by TCG.

Costs

The Customer and/or the Sender shall be liable for all costs incurred by TCG in the recovery of any amount or the enforcements of any rights which it has hereunder, including collection charges and costs on an attorney and own client scale and cost of counsels as on brief whether incurred prior to or during the institution of legal proceedings or if Judgment has been granted in connection with the satisfaction or enforcement of such Judgments. The Customer and/or the Sender undertakes to pay the cost of the suretyship and cession contained herein including and stamp duty payable thereon and agrees that such costs can be debited to their account.

Consequential loss

Under no circumstances whatsoever will TCG be liable for consequential losses, including as a result of its negligent (including gross negligence) acts or omissions or those of its servants, agents, or agents on whose behalf TCG, would be liable, in respect of any loss or damage sustained by the Customer and/or the Sender of any nature whatsoever or any damage caused to the assets of the Customer and/or the Sender or assets kept on its premises by any third parties or in regard to the Customer and/or the Sender’s business or sustained by any of its customers, howsoever caused including the negligent, grossly negligent, and acts or omissions of TCG, its services, agents or others for who it may be liable to in law.

Severability

In the event that any term and/or condition, or part thereof, herein are proven to be invalid or unenforceable, then such term and/or condition, or part thereof, shall not affect the validity or enforceability insofar as the remaining terms and/or conditions, or part thereof, are concerned.

Product availability :

deVonk and our associated Partners will make every effort possible for stock availability and to deliver as rapidly as possible to ensure flawless and the best service to all our customers.  If a product is unavailable or out of stock, deVonk cannot be held liable and will clearly state these products on our online shop to view before any orders are placed.  Lead times are dependent on stock availability from our partners and will be communicated to you upon request.  Kindly contact info@devonk.co.zashould any “out of stock” enquiries.

Membership, Partnership & promotions:

deVonk Membership & Partnership

Terms and conditions are documented separately and available to all users.  Kindly send through a request to info@devonk.co.za and we will gladly share the terms of use for Members, Partners and Hospitality Members.

deVonk promotions

deVonk offers promotions through e-mails, catalogues and social media advertisements.  As a registered member of deVonk, you are eligible to receive communications that include special codes for free samples, free shipping, or other promotions.  deVonk reserves the right to restrict redemptions to one per client if excessive abuse or misuse of promotions.

Promotion codes

Specific alphanumeric codes associated with each promotion will be presented to redeem these special offerings.  A promotion code field is presented on the online shop that needs to be entered here.  Codes are available for the limited time presented in each promotion’s terms and conditions.  All promotions are listed in the online shop with description links.  Promotions are not redeemable for cash.

Consent:

Terms and conditions are easily accessible in this website, written in clear and plain language.  Consent is required from all users.

Consent for our users, Members and Partners:

I understand and accept all these terms and conditions set out on this website.  All designs and trademarks are registered to deVonk (Pty) Ltd and I undertake not to copy or duplicate the content directly or indirectly in any way.  I understand the legal implications thereof.  I will be held liable for any legal costs should deVonk (Pty) Ltd take any civil or legal action against me.  I understand that my consent includes:

I acknowledge that I am, as a user of this site, over the age of 18 and that liquor will not be sold to minors.  Part of my consent includes:

Consent for Cookies
Consent for sending marketing material
Consent for third party marketing

Supporting responsible drinking:

deVonk endorses the Arrive Alive and Aware.org campaigns.  We encourage all our customers to please drink responsibly.  DeVonk cannot be held liable for any illness or adverse health consequences suffered as a result of purchasing and consuming any product on oursite. While we make every effort to ensure that our products reach you in the premium condition our customers enjoy, you are entirely responsible for your health.

Supporting Covid-19:

Safety

deVonk and our associates view your safety as a top priority.  We are taking every measure possible to ensure your orders reach you in the most hygienic way possible.  Close communications between deVonk and all third parties are governed by recommended health and safety regulations.

Strick precautionary has been implemented at our warehouse and for all couriers making the deliveries:

Protective masks and gloves whilst handling and packing orders.
Sanitising of vehicles before and after deliveries.
Regular sanitisation of workspaces and surfaces.
Expansion of work areas to accommodate social distancing
Screening of employees daily and sending home anyone who shows COVID0-19 systems or has been in contact with someone who has been infected.

Please respect the safety of our couriers as well and abide to the safety rules as follows:

Washing and sanitising your hands before you receive your parcel upon delivery.

Wear a mask and keep a safe distance.

Use your own pen to sign for the delivery.

PLEASE indicate in the order notes if this is for a self-isolation order, so our couriers can be aware of this.

Deliveries

DeVonk will comply with the Government restrictions regarding delivery of alcohol during and passed the lockdown.  Note that our courier company is encountering challenging times with backlogs on deliveries.  deVonk and our associates will actively communicate estimated delivery times and inform you of any factors outside of our control that may cause delays in customer deliveries.  Please remain understanding and respectful of this situation.

Kindly contact us on info@devonk.co.za should you have any queries regarding COVID-19.