Last updated: August 27, 2024

TERMS AND CONDITIONS (“TERMS”)

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.brucejack.com website (the “Service”) operated by Appelsdrift Farm (PTY) LTD (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.

Delivery Fees

Delivery fees are not included in the purchase price of our wines and are applicable on all orders below R1500.00 in main city centres (Cape Town & Johannesburg) and all orders from other areas and outlying regions.

Please select the correct delivery region so you will be charged correctly.

We reserve the right to invoice for incorrectly marked delivery regions.

• Cape Town (City Bowl, Southern Suburbs, Northern Suburbs, Cape Winelands, Helderberg Basin) : – R80.00 flat fee for all deliveries.
• Southern Coast (between Hermanus and Plettenberg Bay): – R169.00 fee per 12 bottles.
• West Coast (North of Melkbosstrand to Vredendal): – R169.00 fee per 12 bottles.
• Gauteng: R110.00 flat fee all deliveries.
• Outlying: all other Provinces – R169.00 fee per 12 bottles.

Delivery times are usually within 3 days in Gauteng and Cape Town central.

All other areas usually take 5 to 10 working days.

Availability, Errors and Inaccuracies

We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Appelsdrift Farm (PTY) LTD and its licensors. The Service is protected by copyright, trademark, and other laws of both the South Africa and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Appelsdrift Farm (PTY) LTD.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Appelsdrift Farm (PTY) LTD.

Appelsdrift Farm (PTY) LTD has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Appelsdrift Farm (PTY) LTD shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

Limitation Of Liability

In no event shall Appelsdrift Farm (PTY) LTD, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Appelsdrift Farm (PTY) LTD its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing Law

These Terms shall be governed and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us.

JACK IN THE BOX WINE CLUB TERMS & CONDITIONS (“TERMS”)

These terms and conditions relate to the Jack in the Box Wine Club. The Jack in the Box Club is only available for South African residents, over the age of 18 years.

Membership

Members are required to purchase one of our three Wonder Boxes listed below on sign up, to be eligible for membership to the Jack in the Box Wine Club:

• The Wine Explorer Wonder Box
• The Wine Enthusiast Wonder Box
• The Collector’s Edition Wonder Box

Jack in the Box Club Benefits

• 10% off on all wine purchases
• Loyalty points on every order
• Complimentary tasting for 4 at either The Stanford Wine Bar or the Jack@SKYE Rooftop Bar in Sea Point.
• Access to special releases and magnums
• Invites to premium events
• Exclusive club tastings

Payment

Payment is via the commerce platform brucejack.com and via credit card only. If a payment does not go through, delivery will not take place until it is paid.  If there is a credit card or payment issue, please contact us at orders@thedrift.co.za and we can help or send you a manual invoice for EFT payment.

Deliveries

Delivery is excluded for all boxes and will be added to your cart at time of purchase.

Please select the correct delivery region so you will be charged correctly.

We reserve the right to invoice for incorrectly marked delivery regions.

• Cape Town (City Bowl, Southern Suburbs, Northern Suburbs, Cape Winelands, Helderberg Basin) : – R80.00 flat fee for all deliveries.
• Southern Coast (between Hermanus and Plettenberg Bay): – R169.00 fee per 12 bottles.
• West Coast (North of Melkbosstrand to Vredendal): – R169.00 fee per 12 bottles.
• Gauteng: R110.00 flat fee all deliveries.
• Outlying: all other Provinces – R169.00 fee per 12 bottles.

Delivery times are usually within 3 days in Gauteng and Cape Town central.

All other areas usually take 5 to 10 working days.

Cancellation

Membership can be cancelled at any time without penalty. Cancelling your memberships will immediately end your club benefits.

1. Log in to your account:
2. Under Memberships, click cancel membership.

If you have any trouble please send an email to catherine@thedrift.co.za or call 021 180 3668 (ext 1502) during office hours: Monday – Friday 8:00-16:00.

Returns & Refund Policy

We do our best to make sure that all our products presented on the wine clubs come with a detailed description and images, and are of the highest possible quality, so that you can shop with confidence. If you are still not satisfied with the item you have received, you may return it within 14 days at your expense, for any reason, for a full refund. If the product is damaged, defective or does not match the order, we will collect and refund or replace it at no cost to you. Note that all returns are subject to the conditions below.

When you receive your order, it is IMPORTANT that you check to make sure everything is in good condition (i.e. not damaged or defective) and let us know right away if there is a problem with your order.

What can I return?

Damaged, defective, or incorrect products

If the product you have received is damaged, defective, not fit for its intended purpose or does not match the order, we will collect and refund or replace it free of charge, provided that you notify us of the issue within 7 days of delivery, and the item is intact (other than initial damage) and in its original packaging.

Please contact us via orders@thedrift.co.za to notify us of the issue, and we will arrange a replacement.

After 7 days, we will only accept returns for defective products if the defect can be shown to have existed before the product was delivered.

Returns for any other reason

You may return your product for a full store credit or refund if you do not want the product for any reason within 7 days of delivery but will have to cover the cost of return delivery yourself. Returns are eligible provided that:

• You notify us of the return within 14 days
• The item is in its original packaging and is in a re-sellable condition,
• The product, if it is intended for human consumption, has not been opened.
• Please contact us to notify us of the return on orders@thedrift.co.za, and we will provide details of how you can send us the product, via a courier pickup that we can arrange (at your cost).

How do I arrange a return?

If your product is eligible for a return, please begin by contacting orders@thedrift.co.za immediately. Provide as much information as you can about the problem, including:

• Your order number
• The affected products
• Your expectations i.e. refund or replacement

One of our representatives will respond to you as quickly as possible and will provide details of how we will collect the product or the address to which you can send it to.

Please DO NOT DISCARD ANY ITEMS unless you have been directed to do so by one of our representatives.

Returns will be refunded as credit for the next purchase or returned via refund on the portal.

Privacy Policy

BRUCE JACK FESTIVE FEAST REWARDS Competition Rules (“RULES”)

18 Nov 2024

1. The promoter is Bruce Jack Wines SA (Pty) Ltd Reg. No. 2007/028531/07 (“the Promoter”).
2. This promotional competition is open from 18 November 2024 and ends at 11:59 pm on 15 December 2024. Any entries received after the closing date will not be considered.
3. No director, employee, agent or consultant of Bruce Jack Wines SA (Pty) Ltd, or their spouses, life partners, business partners or immediate family members, or the supplier of goods and services in connection with this competition may participate in this competition.
4. The competition is open to all South African residents who are 18 years and older.
5. To enter, participants will be required to:
   1. Buy any one participating bottle of Bruce Jack Wine from any SPAR or TOPS at SPAR store.
   1. Swipe their SPAR Rewards card for an automatic entry. Participants must be a SPAR Rewards member, with an activated SPAR Rewards card.
   1. Participants may enter multiple times.
6. Participating products include:

7. Participants must ensure that their contact details are correct. If a winner has given incorrect or outdated contact details, the Promoter reserves the right to select another winner in terms of the Rules.
8. All winners will be required to provide their names, ID numbers and contact details and to sign an acknowledgement of receipt of the prize.
9. Winners will be selected by Bruce Jack Wines SA (Pty) Ltd by 17 December 2024, and winners will be contacted within 2 weeks of the winner being chosen. Winners will be notified telephonically, where the winner will be required to verify their details. The Promoter (or their agent) will endeavour to contact the prize winner once every day for 5 consecutive working days after they have been chosen.  If the prize winner cannot be contacted during this period, the prize will be forfeited, and another winner will be selected in accordance with the Rules.
10. The prizes are as follows, and a participant can only win once:
    1. There will be 5 x sets of prizes that will include:
11. A R10,000.00 (ten thousand rand) SPAR Gift Card redeemable at any of the following SPAR Branded stores in South Africa, namely, SUPERSPAR, SPAR, KWIKSPAR, SPAR Express, SaveMor, TOPS at SPAR, SaveMor Liquors and Build IT (the “SPAR Brands”).
12. In the event that the prize is not available despite the Promoter’s reasonable endeavours to procure the prize, the Promoter reserves the right to substitute prizes of equal value.
13. The Promoter reserves the right to name winners publicly and in any other place where the Promoter deems fit. By entering the competition, prize winners agree to the publication of their name by the Promoter.
14. The Promoter reserves the right to use the images taken of the winner for publicity purposes in any manner they deem fit, without remuneration being made payable to the winner. However, the winner has the right to object to these images being used by written notification to the Promoter at wineadventures@brucejack.com  Att: Competition Administration
15. Failure to claim the prize or a refusal or inability to comply with the terms and conditions of this competition by 31 January of a Participant being successfully notified that they have been selected as a winner of this competition will disqualify the winner, and a new winner will be drawn in their place at the sole discretion of the Promoter
16. Personal Information provided by any participant by entering this competition will be processed in accordance with the Protection of Personal Information Act, 2013 (Act No. 4 of 2013) read together with the Bruce Jack Wines SA (Pty) Ltd Privacy Policy (link to privacy policy on website). By entering the competition the participant consents to their personal information being shared with the Bruce Jack Wines SA (Pty) Ltd employees, contractors or agents for the purpose of this competition, for the purpose of sharing future promotional competitions and used for the purposes contemplated in clause 14 and 15 The winner hereby releases, discharges, and agrees to indemnify and hold harmless the Promoter and their agents from all claims, demands, and causes of action they have or may have by reason of this authorization or use of their pictures, digital images, including any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in the taking of said images or videotapes, or in processing tending towards the completion of the finished product, including publication on the internet, marketing,  in brochures, or any other advertisements or promotional materials.
17. By virtue of entering this competition the Participants consents to their information being stored for a period of 3 (three) years from the date on which this competition ends. The Promoter reserves its right to outsource the storing of information to a reliable Third Party. The Promoter warrants that the information will be stored in accordance with clause 17 above.
18. The Promoter shall not be responsible for any lost, damaged, delayed, incorrect or incomplete entries for any reason whatsoever. Proof of sending will not be accepted as proof of receipt.
19. The Promoter shall not be responsible for the failure of any technical element relating to this promotion that may result in an entry not being successfully submitted.
20. No applications from agents, third parties, organized groups, or applications automatically generated by computer will be accepted. No incomplete or corrupted entries will be accepted. Entries will only be accepted if they comply with all entry instructions.
21. The Promoter shall have the right to change or terminate the promotional competition immediately and without notice, if deemed necessary in its opinion and if circumstances arise outside of their control. In the event of such change or termination, all participants agree to waive any rights that they have in respect of this promotional competition and acknowledge that they will have no recourse against the Promoter or its agents.
22. Neither the Promoter, its agents, its associated companies, nor any directors, officers, or employees of such shall be liable for any injury (including death), loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which may be suffered by the participant by virtue of entering this competition or redeeming their prize.
23. Any queries with regards to this competition may be directed to: Bruce Jack Wines SA (Pty) Ltd on behalf of the promoter. The Promoter’s contact details are: wineadventures@brucejack.com
24. The judges’ decision is final, and no correspondence will be entered.

SPAR Gift Card Terms & Conditions

1. A valid form of identification and proof of residence and any document that may be required in terms of FICA Legislation is required when purchasing and using the prize (Gift card)

• The prize (Gift Card) can only be redeemed in store and cannot be used for any other purchases (including but not limited to electronic purchases, banking transactions and payment of any liabilities).

• Expiration: The prize (Gift Card) is valid until the last day of the month which is printed on the front of the card (marked expiry date). Subject to 1.5 below, in event of the prize (Gift Card) expiring and there is still a surplus funds therein which the customer is entitled to, a new prize (Gift Card) will need to be acquired by contacting the SPAR customer care department on 0860 313 141 and the issuing of a new Gift Card will come at a reasonable charge as advised by SPAR and payable by the Card Holder. Winners acknowledge that the issue of any new Gift Card shall only to be for the surplus balance on the Gift Card and the Winner shall not in any way construe the issue of a new Gift Card as he/she is being issued with the full value again.

• Regardless of whether or not a prize (Gift Card) has expired, it is recorded that a Card Holder shall only be entitled to utilise and have access to the funds contained in a prize (Gift Card) for a period of three years after the funds have been loaded onto the prize (Gift Card).

• The amount registered on the prize (Gift Card) will not accrue any interest.

• The prize (Gift Card) is redeemable at any of the following SPAR Branded stores in South Africa, namely, SUPERSPAR, SPAR, KWIKSPAR, SPAR Express, SaveMor, TOPS at SPAR, SaveMor Liquors and Build IT (the “SPAR Brands”).

• The Card Holder shall append his/her signature to the back of the prize (Gift Card). An unsigned prize (Gift Card) cannot be used.

• The Card Holder will be required to sign the transaction slip of the goods purchased with the prize (Gift Card).

1. The total Rand amount of the purchases will be deducted from the value of the prize (Gift Card).

• In the event that an intended purchase exceeds the available credit on the prize (Gift Card), the Card Holder will be required to either :
  • Pay the difference between the total value of the transaction and the amount available on the prize (Gift Card); or
    • Remove items/ products to bring the total

• It is the responsibility of the Card Holder to ensure that the prize (Gift Card) is used only for lawful transactions.

• Value added services rates will apply for all SMS balance enquiries.

• For balance enquiries visit on website on www.whatsonmycard.com

• Lost/stolen and damaged prizes (Gift Cards):
  • Where a Gift Card has been lost or damaged, the Card Holder shall be required to immediately cancel the card via the website www.whatsonmycard.com.
  • SPAR will not be responsible for any purchases on the Gift Card prior to the card being cancelled. All risks in this regard shall remain with the Card Holder.
  • In event that the Card Holder wishes to acquire a new card, they shall contact the SPAR customer line on 0860 313 141 and such card will be at a reasonable charge (as determined by SPAR) which will be paid by the Card Holder.

• The SPAR Group LTD and any independent retailer conducting business under any of the Spar Brands (an “Independent Retailer”) will not be held liable for damage, loss, theft or copying of the Gift Card or any malfunctions with respect to the instore point of sale equipment.

• To the extent relevant, the purchase and use of the prize (Gift Card) is governed by the Standard Bank Rules and Regulations for credit cards (as updated from time to time) and which is available at www.standardbank.co.za/termsandconditions

• In the event that there is any conflict between the provisions of these terms and conditions and the aforesaid Rules and Regulations, the Rules and Regulations shall take preference and prevail.

• Exchange and returns goods following the use of a Gift Card shall be governed by the usual processes applicable for goods purchased with cash however, both the receipt and the Gift Card must be presented.

• Neither the SPAR Group Limited nor the Independent Retailers provide any warranties, insurance or any other promises not specifically set out in these terms and conditions.

• The Card Holder may not vary from the terms and conditions as set out above.

• South African Law governs these terms and conditions.

• A Purchase Authorisation will be declined if any of these terms and conditions are breached.

• Provisions herein may constitute a benefit for a third party (stipulatio alteri) and may be accepted by such party at any time.