Conditions of Sale

1. WARRANTY

1. By purchasing one of our Products, you agree to be bound by the terms & conditions contained in these Conditions of Sale.
2. The Wine Room warrants that the manufacture of Products shall conform in all material respects with their quoted description and specification at date of delivery to the Client.
3. This Warranty takes effect from the date of delivery of your product, as reflected in your purchase invoice.
4. This Warranty covers parts, labour and call-out on your product for a period of five (5) years from the date of purchase.
5. This Warranty covers either repair of your product or replacement of your goods if we are unable to repair your product.
6. The Wine Room reserves the right to alter, modify, add to or change in any way, any provision of this Policy.

2. LIMITATIONS OF LIABILITY

1. The Client agrees to indemnify, hold harmless and defend The Wine Room and its directors and employees from and against any and all claims, liabilities, costs, consequential damages and expenses arising out of or related to:
   1. cost of removal and/or cost for reinstallation
   2. if the costs exceed the purchase price of such defective Products
   3. injury to person or property or accident occasioned by the Product
2. The Wine Room shall not be liable to cover costs in a claim if the Product is of an unacceptable quality due to:
   1. fair wear and tear; and/or
   2. misuse of the Product, using it in an abnormal manner or failure to take reasonable care; and/or
   3. failure to follow any Instructions in the Product manual; and/or

3. RETURNS

1. You may make a Returns Request to The Wine Room for a return or exchange of a Product within 10 working days of receiving that Product if you receive a damaged or faulty Product.
2. Return of Products is subject to the following:
   1. You need to issue the Wine Room with your product serial number and a copy of your purchase invoice.
   2. You need to fill in the service form on the website.
3. Failure to follow any of these return requirements could result in the return claim being declined.
4. If a Returns / Refund Request is accepted (as determined by The Wine Room in its sole discretion), The Wine Room will return the (full or partial) Product price paid by you via the original payment method used to purchase the Product.
5. The Client shall cover the cost of the return of the Product to The Wine Room and these costs will be reimbursed after the claim is approved.
6. Unfortunately, we are unable to offer any returns or refunds of our Products if you change your mind.

4. Cancellation

1. A Client Cancellation request shall be submitted in writing to The Wine Room within 24 hrs from the date of payment.
2. Cancellation requests will be processed at the sole discretion of The Wine Room.
3. The Client will be liable to pay all outstanding costs and expenses incurred by The Wine Room prior and up to the date of cancellation, including but not limited to supply and/or shipping costs.

5. DELIVERY OF PRODUCTS

1. Where your order includes delivery, this shall be via a third party carrier, who will arrange a time slot directly with the client for such delivery.
2. Delivery shall include:
   1. delivery to the ground floor of the address specified in your order unless special arrangements have been made with us prior to the scheduled delivery date;
   2. unpacking of the Product and removal of the packaging;
   3. adjustment of the feet of the Product; and
   4. installing the charcoal filter in relation to the Product.
3. Delivery shall exclude:
   1. final alignment of integrated wine fridges within the client’s cabinets
   2. supply and/or installation of custom door panels
4. In preparation of the delivery of the Product, you must ensure that:
   1. fragile or delicate items (including flooring) are suitably protected and do not obstruct the delivery of the Product from taking place;
   2. the final location and the route to it from a suitable parking spot is reasonably unobstructed and wide enough to carry the product;
   3. the electrical installation on which the Product will be connected is in good condition for the product as per the product’s manual
5. Costs incurred by The Wine Room for re-delivery of the Product as a result of non-compliance of these delivery requirements will be payable by the client.

6. SPARE PARTS

1. A limited stock of spare parts for Products are held in stock in South Africa.
2. Where required, spare parts will be imported from EuroCave in France. Lead times will be communicated accordingly to the client.

7. PRICING AND PAYMENTS

1. The Wine Room shall commence with an order only once the Product has been paid in full by the Client; or in accordance with payment terms agreed by both parties.
2. Delivery and installation costs for Products are excluded from listed Product pricing; and shall be provided to the Client at date of order.
3. The Wine Room reserves the right to modify and/or discontinue Products (or part thereof) and/or modify pricing of Products without notice at any time.

8. LEAD TIMES

1. Lead times for Products shall be issued to the Client at date of order.
2. The Wine Room cannot guarantee the holding of all stock at all times and lead times for the manufacture of Products may vary.
3. Where no stock is available in South Africa, the standard lead time for new stock into South Africa is 12-16 weeks, however The Wine Room shall not be liable for delays caused by shipping, customs and third party delays.
4. The industry holiday between the 15th December and the 15th January shall not be counted as part of the lead-time.

9. OWNERSHIP

1. Ownership in all Products sold, shall, notwithstanding delivery, remain vested in The Wine Room until fully paid.
2. The Wine Room shall not be responsible for any Products of the Client which are held or stored on the Site for whatever reason, and all risk in such Products shall remain with the Client upon delivery.

10. Force Majeure

1. If The Wine Room is prevented or delayed in performing any obligation under this agreement for any reason beyond the reasonable control of The Wine Room, then The Wine Room shall be excused from performing or timeously performing that particular obligation for the duration of that prevention or delay. In this instance, The Wine Room shall inform the Client thereof in writing as soon as reasonably possible.
2. For the purpose of this agreement, “Force Majeure” shall mean any circumstances beyond the reasonable control of The Wine Room and shall include but not be limited to: the inconsistent and/or inadequate supply of electricity by the official South African energy supplying body, war, riots, epidemics, accidents, breakdown or damage to The Products where Products such are not part of The Wine Room’s equipment or under The Wine Room’s control, industrial action by workers or employees, or earthquakes, floods, fires or other natural physical disasters.

11. INTELLECTUAL PROPERTY & PRIVACY

1. The images used to represent various products are specifically selected to provide a visual representation of the actual item. The Wine Room makes every effort to display colours and images of our Products as accurately as possible in printed or digital images; however, The Wine Room cannot warrant against differences in colours compared between printed or digital Product images and the Product.
2. The Wine Room does not sell, share or distribute any personal information collected.
3. The Wine Room may at its discretion use the information stored for marketing purposes related solely to The Wine Room.
4. The Wine Room reserves the right to take photos of the Client’s product on delivery and to use these photos where required for marketing purposes; in which case the identity and location of the client will be protected.