Terms and Conditions

The Company permits the use of this Website subject to the Terms and Conditions (“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.

The Company permits the use of this Website subject to the Terms and Conditions (“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.

2.1. You may only use the Website if you are 18 years of age or older. If you are under 18, you may use the Website only with the involvement of your parent or legal guardian.

2.2. You agree that you will not use any device, software or other instrument to interfere or attempt to interfere with the proper working of this Website. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor, copy, distribute or modify the Website or the information contained herein, without the prior written consent from an authorised Company.

2.3. You may not use the Website to distribute material which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.

2.4. You may not display, publish, copy, print, post or otherwise use the Website and/or the information contained therein for the benefit of any other website without the express prior written consent of an authorised representative.

3.1. The contents of this Website, including any information, software, icons, text, graphics, layouts, images, sound clips, trade names, logos, trade marks 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 Company.

3.2. No license to or right in any of such contents is granted to or conferred upon you. Any unauthorised use, distribution or reproduction of the said contents is prohibited.

4.1. Any person who accesses this Website or relies on this Website or on the information contained in this Website does so at his or her own risk.

4.2. While the Company takes reasonable measures to ensure that the contents of this Website are accurate and complete, the Company makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of this Website or as to the accuracy, completeness or reliability of any information on this Website.

4.3. All information provided on this website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.

4.4. The Company does not accept any responsibility for any errors or omissions on this Website.

4.5. In addition to the disclaimers contained elsewhere in these Terms and Conditions, the Company also makes no warranty or representation, whether express or implied, that the information or files available on this Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise or jeopardise the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way.

4.6. Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of the Company and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website

5.1. This Website may contain links or references to other websites (“Third Party Websites”) outside of our control, including those of advertisers. These Terms and Conditions do not apply to those Third Party Websites and the Company is not responsible for the practices and/or privacy policies of those Third Party Websites or the cookies that those sites may use.

5.2. Notwithstanding the fact that this website may refer to or provide links to third party websites, your use of such Third Party Websites is entirely at your own risk and we are not responsible for any loss, expense, claim or damage, whether direct, indirect or consequential, arising from your use of such Third Party Websites or your reliance on any information contained thereon.

The Company may make physical and/or electronic gift certificates or coupons (“Vouchers”) available on the Website from time to time.

6.1. Vouchers can only be redeemed –

6.1.1. while they are valid, their expiry dates being unable to be extended;

6.1.2. on the Website towards the purchase of The Company

6.2. Vouchers cannot –

6.2.1. be used to purchase other Vouchers;

6.2.2. be used towards purchases at any affiliate website/s be exchanged for cash or

6.2.3. be transferred or assigned to any other person once already partially redeemed towards a purchase.

7.1. THE COMPANY SHALL NOT 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, OR INABILITY TO USE, AND/OR UNLAWFUL ACTIVITY ON, THE WEBSITE AND/OR ANY LINKED THIRD PARTY WEBSITE.

7.2. YOU HEREBY INDEMNIFY THE COMPANY 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 AND/OR ANY LINKED THIRD PARTY WEBSITE.

The Company reserves the right to update and/or amend the Terms and Conditions from time to time and without any notice, and you are accordingly encouraged to check the Website regularly. Any such change will only apply to your use of this Website after the change is displayed on this Website. If you use this Website after such updated or amended Terms and Conditions have been displayed on this Website, you will be deemed to have accepted such updates or amendments.

9.1. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and reserve the right to discontinue providing the Website or any part thereof with or without notice to you.

9.2. The Company may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that the Company will not be liable to you in the event that it chooses to suspend, modify or terminate this Website.

These Terms and Conditions shall be governed and interpreted in accordance with the laws of the Republic of South Africa. Your continued use of the Website will constitute your consent and submission to the jurisdiction of the South African courts regarding all proceedings, transactions, applications or the like instituted by either party against the other, arising from any of these Terms and Conditions.

1. Sale of Goods

1.1. These Terms and Conditions of Sale govern the sale of products (“Goods”) by the Company to you via the Website. The Terms and Conditions of Sale are in addition to the terms and conditions of use of the Website, which can be viewed at Terms & Conditions.

1.2. Once you tick the box labelled “I accept”, these Terms and Conditions of Sale form a legally-binding agreement between you and the Company. We will confirm all your purchase orders with you via email.

1.3. All pricing includes VAT.

2.1. Placing a product in a shopping basket / cart / virtual shopping bag or adding it to a wish list without completing the purchase cycle does not:

2.1.1. constitute an agreement of sale; and/or

2.1.2. constitute an order for such product,

2.1.3. and as such, the Company may remove such product from the shopping basket or wish list if stock becomes unavailable and you cannot hold the Company liable if such product is not available when the purchase cycle is completed at a later stage.

2.2. An agreement of sale only comes into effect if and when:

2.2.1. you electronically submit a properly completed order for one or more products in your shopping basket; and

2.2.2. payment is either authorised, or received by the Company in its bank account

3. Termination of Sales & Cancellation of Orders

3.1. The Company reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Company, in whole or in part, on notice to you. The Company shall only be liable to refund monies already paid by you (see clause 7 for the Refund Policy in this regard), and accepts no other liability which may arise as a result of such refusal to process any order/sale.

3.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods and to obtain a full purchase price refund. You may also cancel a sale where delivery is delayed beyond the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please refer to clause 8 for further details on The Company’s Return Policy.

4.1. Prices:

The price of each product is displayed with the product listing. In the event of a sale or special offer, the discounted price is displayed.

4.2. Delivery Charges:

Delivery charges differ depending on a variety of factors, including product type, price, and weight.

4.3. Value Added Tax:

Value added tax at the rate of 15% is charged on goods bought by South African residents.

4.4. Errors:

The Company shall take all reasonable efforts to accurately indicate prices and delivery charges. However, should products be erroneously offered at incorrect prices and/or delivery charges, the Company will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by you should you not wish to proceed with the purchase at the correct price and/or delivery charge.

5.1. Payment for Goods can be made via the payment methods provided by our authorised payment solution providers PayFast. These will be subject to the Payfast end user terms and conditions.

6.1. We take the security of your payment and personal information seriously. In this regard, you will be provided with a security certificate once you accept these terms and conditions of sale. All personal information that you provide to us is subject to our Privacy Policy.

6.2. However, due to the nature of the Internet, we cannot guarantee that your communications will be free from unauthorised access by third parties. Accordingly, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THIRD PARTIES’ UNAUTHORISED ACCESS OF YOUR DATA.

7.1. The Company reserves the right, for purposes of preventing suspected fraud , to refuse to accept or process payment on any order, and/or to cancel any sale concluded between you and The Company, in whole or in part, on notice to you. The Company shall only be liable to refund monies already paid by you, and accepts no other liability which may arise as a result of such refusal to process any order/sale.

7.2. For certain exceptions, and subject to certain charges, the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”) entitles you to cancel any sale concluded on this Website within 7 days after date of receipt of the goods. In such an event:

– you will receive credit on the Website to the full value of the purchase price less shipping costs within 30 days of the date of cancelling this agreement;

– you undertake not to utilize and open the Goods, and

– you will have to bear the shipping cost.

7.3. You may also cancel a sale where delivery is delayed for more than 7 days from the stipulated delivery date/timeframe (or where none is specified, beyond 30 days from the order date). Please read The Beverage Guru’s Return Policy for further details

The Beverage Guru strives to provide the best possible service to its customers and has put the appropriate measures in place to ensure all its staff and suppliers are fully aware of and comply with the Consumer Protection Act. We are committed to operate our business in terms of the requirements of the Consumer Protection Act and our returns policy is aligned therewith.

Perishables and Groceries | A customer’s purchase invoice is their guarantee.

The Beverage Guru will gladly refund perishable goods should customers not be satisfied with the quality thereof, within the product’s purchased date plus 2 months and if is in its original packaging. Should a product be defective the product should be brought back to the store in its original packaging.

Perishable items cannot be returned due to the fact that a customer had a change of mind in respect of the particular purchased item, this is due to public and food safety regulations.

Machines, Accessories, Supplies etc.

Proof of payment is your guarantee.

Carry in 12 months warranty

Goods will be refunded or exchanged, in accordance with the applicable provisions of the Consumer Protection Act, if the goods were defective, unfit for purpose or failed due to a design or manufacturing flaw. The Beverage Guru reserves the right to refer returned goods for technical assessment by the manufacturer or authorized service centre. Customers are required to present their original invoice or any other proof of purchase.

Please note that it may not be possible to determine in-store whether goods have been damaged or what the cause of a failure or defect may be. Accordingly, The Beverage Guru reserves the right to refer returned goods for technical assessment by the manufacturer or authorized service centre prior to repairing, replacing or refunding an item and to provide the customer with feedback within 10 business days of receipt of the returned goods and to act accordingly.

If the goods show a defect after the initial 12 (twelve) month period, but are within the manufacturer’s warranty period, The Beverage Guru may, at the customer’s request send the goods to the manufacturer for repair and the manufacturer will decide whether you will have a valid claim and if so, whether they will repair or replace as well or whether any charges will be levied in accordance with the terms of the warranty. All goods repaired in terms hereof will carry a further 3 (three) month warranty which runs concurrently with the 12 (twelve) month period but may serve to extend the warranty beyond the original 12 (twelve) month period where the 3 (three) months expire after the 12 (twelve) month period.

If the goods become defective once the manufacturer’s warranty has expired, we will attempt to arrange with the manufacturer or its agents to repair the goods but bear no responsibility for their failure to do so.

No chargeable repairs will be done without the customer’s approval of a quotation first. If within 3 (three) months after goods have been repaired, the defect persists or a further failure or defect occurs on the repaired component The Beverage Guru will either refund or replace the component. Customers must keep proof of repairs.

As with all warranties, certain conditions and exceptions apply:

• Please take proper note of any terms or instructions that accompany your goods;
• Goods that show a material manufacturing defect or other material defect within the first 12 (twelve) months of purchase will be repaired, replaced or refunded; and
• Defects that develop after 12 (twelve) months may be repaired, replaced, or refunded at the manufacturer’s election, and subject to the relevant manufacturer’s policy.

The manufacturer’s warranty will only apply to material defects in the process of manufacturing the goods and will not apply in the following instances:

• damage caused by lightning or power surges,
• damage caused by misuse or abuse to the goods or contrary to instructions and warnings provided on the goods or their documentation,
• goods used for a purpose other than the purpose for which they were intended e.g. commercial use of domestic appliances,
• accidental damage,
• goods that have been altered or physically changed in any way; and

A public regulation prohibits such returns for public health reasons.

Once we have accepted a return and approved a refund, the customer will receive the refund in the same manner as payment was made.

Returns can be done at The Beverage Guru’s premises in Centurion.