Terms & Conditions
Free delivery within South Africa for orders exceeding R2000 in value. Wine will be sent after receipt of successful payment. Any faulty or damaged wine will either be replaced or refunded (at the discretion of the customer) with the current vintage and shipped with our compliments.
Cancellation may be done in writing one week prior to shipment. Failure to cancel your order prior to shipment may result in restocking fees.
Emmerald Glen Vineyards Pty. Ltd. trading as Stellekaya Wines is a business in the wine production and sales industry.
Subject to availability and receipt of payment, requests will be processed within two working days and delivery confirmed by email with (for e.g. booking number / booking voucher etc. and must mention the use of courier and/or postal services and associated costs, if applicable.)
The offering on this website is available to South African clients only. Average delivery times: 2-4 working day. Delays may occur.
Emmerald Glen (Pty) Ltd. trading as Stellekaya Wines 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). Payment may be made via Visa, MasterCard, EFT, Zapper and Snapscan.
Card acquiring and security:
Card transactions will be acquired for Emmerald Glen (Pty) Ltd. trading as Stellekaya Wines via Yoco (Pty) Ltd. who are an approved payment gateway. Yoco 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 www.yoco.com to view their security certificate and security policy.
Customer details separate from card details. Customer details will be stored by Emmerald Glen (Pty) Ltd. trading as Stellekaya Wines separately from card details which are entered by the client on Yoco’s secure site. For more detail on Yoco refer to www.yoco.com.
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).
Emmerald Glen (Pty) Ltd. trading as Stellekaya Wines 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 Emmerald Glen (Pty) Ltd. trading as Stellekaya Wines 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.
Emmerald Glen (Pty) Ltd. trading as Stellekaya Wines may, in its sole discretion, change this agreement or any part thereof at any time without notice.
This website is run by Emmerald Glen (Pty) Ltd., based in South Africa trading as Stellekaya Wines, and with registration number 1998/008366/07 and Jane Lello and Dave Lello (Director(s)/Member(s)/Owner(s)).
Emmerald Glen (Pty) Ltd. trading as Stellekaya Wines contact details:
Company Physical Address: Bosman's Crossing, 11 Distillery Rd, Stellenbosch Central, Stellenbosch, 7600
Telephone: 021 883 3873
General Website Terms & Conditions:
Website Terms and Conditions of Use Relating to stellekaya.com (And all sub-domains)
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Stellekaya Wines (“Provider”) website located at the domain name Stellekaya.com (“the Website”). By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of the Provider.
Acceptance of Terms:
The Supplier permits the use of this Website subject to these terms and conditions (“the Terms and Conditions”). By using this Website in any way, you shall be deemed to have accepted all the Terms and Conditions unconditionally. You must not use this Website if you do not agree to the Terms and Conditions. In the event of any conflict between the Terms and Conditions and any other conditions stipulated elsewhere, including in one of our Suppliers, the Terms and Conditions as contained herein will prevail.
Use of the Website:
The contents of this Website, including any content, information, software, icons, text, links, graphics, lay-outs, images, sound clips, trade names, logos, trademarks and service marks are protected by law, including but not limited to copyright and trade mark law, and are owned by or licensed to The Supplier. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorized use, distribution or reproduction of the said contents is prohibited.
By entering this Website, you agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Website and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the pages of the Website or the content contained herein, without the prior written consent from an authorized The Supplier representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website). You may not use the Website to distribute material which is defamatory, offensive, and unlawful or contains hate speech.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
Updating of these Terms and Conditions:
Provider reserves the rights to change, modify, add or remove from portions or the whole 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 these Terms and Conditions at 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 such changes or updates.
Permission for Hyperlinks, Deep Linking, Crawlers and Metatags:
Nobody may establish a hyperlink, frame, metatag or similar reference, whether electronically or otherwise (collectively referred to as linking), to this Website or any subsidiary pages before receiving the prior written approval of an authorised representative of The Supplier, which may be withheld or granted subject to such conditions The Supplier may specify from time to time. Furthermore, this Website or any part hereof may not be “framed” or “deep linked” in any way whatsoever. This Website may from time to time contain message boards which allow users to comment on their experience at The Supplier. At times those comments may contain references to matters not related to The Supplier. Those references do not necessarily represent the views of The Supplier.
Copyright and Intellectual Property Rights:
Provider provides certain information at the Website. Content currently or anticipated to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary, or any other third party owners of such content, 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 the Provider, its affiliates or subsidiary, 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.
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 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 Provider is expressly advised thereof.
THE SUPPLIER SHALL IN NO WAY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL INJURY, LOSS OR DAMAGES WHICH MIGHT ARISE FROM YOUR USE OF, OR RELIANCE UPON, ANY MATERIAL OR CONTENT CONTAINED IN THE WEBSITE OR ANY LINKED WEBSITE, OR ANY INABILITY TO USE THE WEBSITE, OR ANY UNLAWFUL ACTIVITY ON THE WEBSITE CAUSED BEYOND THE REASONABLE CONTROL OF THE SUPPLIER.
YOU HEREBY INDEMNIFY THE SUPPLIER AGAINST ANY LOSS, CLAIM OR DAMAGE WHICH MAY BE SUFFERED BY YOURSELF OR ANY THIRD PARTY ARISING IN ANY WAY FROM YOUR USE OF THIS WEBSITE OR THE RECEIPT BY YOU OF AN ELECTRONIC MAIL FROM THE SUPPLIER OR ONE THAT PURPORTS TO EMANATE FROM THE SUPPLIER, UNLESS THE LOSS, CLAIM OR DAMAGE ARISES AS A RESULT OF THE GROSS NEGLIGENCE OF THE SUPPLIER.
The Supplier may in its sole discretion terminate, suspend and modify this Website and/or your use of this Website, with or without notice to you. You agree that The Supplier will not be liable to you in the event that it chooses to suspend, modify or terminate this Website or your use of this Website.
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 computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Provider uses this information to determine use of the Website, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law:
This Website is controlled, operated and administered by 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 Witwatersrand 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.