Terms and Conditions

(Version effective as of 1 November 2011)

Welcome to the home of La Motte, a web site currently located at www.la-motte.com.

Important Notice
  1. Please read our terms of use carefully. Your use of this web site and any of the services offered on this web site will be subject to the then current version of our terms available on this web site at the time of your use. If you do not accept our terms of use, you may not access our web site or use any of the services available via our web site.
  2. Our terms contain specific provisions to limit our liability. These terms have been set out in capital letters. You should pay particular attention to these terms since they limit your ability to recover losses that you may incur in connection with your use of our web site.
  3. If you are not yet 18, you must obtain your parents’ or legal guardians’ advance authorisation, permission and consent to be bound by our terms of use prior to you accessing our web site, using any of the services on our web site or participating in any of the activities offered. If you are under 18 and fail to obtain such consent you may not access our web site, use the services or participate in the activities available via our web site.
  4. We may change our terms of use from time to time. Such changes will take effect as and when published. Therefore, you should keep up-to-date with their content and read these terms of use at all times prior to using this web site since the then current version of the terms will apply to your use.

Should you have any questions regarding this site’s terms of use, please contact our Customer Care Centre at cellar@la-motte.co.za or Tel: +27 (0)21 876 8000

Part A: General Information and Terms 1. General Information

For your convenience, we have listed below some general information about ourselves:

  • “We” are La Motte Wynlandgoed (Proprietary) Limited, and “us” and “our” have a corresponding meaning herein.
  • We are a private company incorporated in accordance with the laws of the Republic of South Africa with registration number 1969/011254/07
  • Our chief executive officer isHein Koegelenberg and the Board of Directors of La Motte Wynlandgoed (Proprietary) Limited is available on request.
  • Our postal address is PO Box 685, Franschhoek, 7690
  • Our address of establishment is R45 Main Road Franschhoek,, South Africa and we will accept service of all legal documents there;
  • Our telephone and facscimile numbers are Tel: +27 (0)21 876 8000 , Fax: +27 (0)21 876 3446
  • Our e-mail address is cellar@la-motte.co.za.
  • Our VAT number is 4560106421
  • We are members of the following professional bodies: [insert names of bodies]
  • We subscribe to the following codes of conduct [insert details and web site address at which a copy of such codes can be obtained].
  • Our webmaster can be contacted at team@socialcode.biz.
2. Definitions

In these terms of use:

  • Products means any goods or other products that are made available by us via this website;
  • We, us and our means La Motte Wynlandgoed (Proprietary) Limited (and, unless the context indicates otherwise, its owners, employees, suppliers, internet service providers, agents and affiliates);
  • You mean the user of this website;
  • Hyperlinks, which are not operational, will not in any way detract from the validity and interpretation of the terms;
3. General Conditions of Use for this Web Site
  1. You are solely responsible for any and all telephone usage and rental fees and/or internet access service fees that may apply to your use of this web site and the services offered on it.
  2. You may not access this site for any purpose other than for utilizing the services offered on it in the normal manner. You may not access our site for the purposes of redistributing or otherwise using any of our content for your own business purposes unless you are expressly licensed thereto by us in writing. You may not use your access to this site in a manner that would bring us, our business and/or any of our affiliates into disrepute. Furthermore, you may not access this site for unlawful purposes or use it in a manner which infringes our rights or the rights of any other person or restricts or inhibits the use of or enjoyment of this site by any other person. In this regard, you must comply with the laws, regulations and codes of conduct applicable to your use of this site. You may not to post or transfer any material to our web site that is unlawful or violates any third party’s rights or which is obscene, misleading, inaccurate, defamatory, illegal, in breach of any copyright or other intellectual property right, or damaging to data, software or the performance of our or any other parties’ computer system. We may remove any content you have submitted to this site and/or suspend your access to any part of this site at any time without notice.
  3. We do not usually monitor, edit, control or filter the content submitted to this site by our users. Such content, including as may be found in blogs, forums, chat groups, comment sections and bulletin boards, do not represent our views and we have not authorized or endorsed such content. Such content should also not be viewed as professional advice of any kind, be it medical, legal, financial or otherwise. Please notify our Customer Care Centre if you have a complaint about the activities of or content submitted by a user of this site.
  4. We do not distribute or endorse any products, services or events posted, promoted and/or listed on our site other than the products and services we supply ourselves and our display of such products, services or events should not be construed as any form of endorsement thereof. All arrangements regarding such products, services and events are to be made directly with the supplier thereof.
  5. Notwithstanding that this site may contain links to third party web sites and that some third party web sites may contain links to this site we do not control, endorse or approve the activities or content of any such third party web sites. Please contact the relevant web site proprietor if you have a complaint about the activities or contents of a third party web site.
  6. Proprietary rights (including without limitation, the trade marks, copyright and patent rights) in the components of this site belong to us and our licensors, including in the compilations, collective works and derivative works created incorporating the content of our users. The individual contentyou may submit will remain your property, but you grant us an irrevocable, perpetual, worldwide, transferable, sub-licensable and royalty-free license to use such content free from any restriction and on the basis as if we were the owners thereof, including by modifying, reproducing, compiling, publishing, publicly performing, distributing, broadcasting and promoting it.
  7. The downloading and use of data contained on this web site is done at your sole discretion. You should independently verify the completeness and reliability of information provided on or via this site. Also be aware that viruses or code which may have a harmful effect on your computer system could be transmitted to you. You are responsible for implementing suitable protection mechanisms to prevent such harm from occurring.
  9. We also reserve the right, without notice and in our sole and absolute discretion, to make changes to any parts of the site inclusive of changes to these terms of use including those relating to our ordering service. It is your responsibility to review our terms of use on each occasion prior to making use of this site and our ordering service. If you continue to use this site after our amended terms of use has been posted on the web site, it will constitute a deemed acceptance of such amended terms of use. We specifically reserve the right at any time to change or discontinue without notice, any aspect and/or feature of this web site.
  10. You will be required to choose a user name and a password when registering with us or using some of our services. You are responsible for keeping your user name and password secret. You will be required to enter your username and password every time you want to use one of our subscription services. You accept that you will be personally liable for all transactions concluded on your account.
  11. Payment options accepted
    Payment may be made via Visa, MasterCard, Diners or American Express Cards or by bank transfer into the La Motte Wine Estate bank account, the details of which will be provided on request.
  12. Card acquiring and security
    Card transactions will be acquired for La Motte Wine Estate via PayGate (Pty) Ltd who are the approved payment gateway for all South African Acquiring Banks. PayGate 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.paygate.co.za to view their security certificate and security policy.
  13. Customer details separate from card details
    Customer details will be stored by La Motte Wine Estate separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to www.paygate.co.za.
  14. 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).
  15. We are committed to protecting your privacy. We will collate the information which you give to us to provide you with services and personalize your use and visits of this site. We may also use such information to inform you, the user, about changes in the services we offer and/or about features we think you would find of interest. We may also permit the affiliated entities in our company group to inform you about products or services they offer that might interest you. By giving us this information, you consent to our use of it for these purposes and for the purposes outlined in our Client Information Processing Policy, including for the purpose of processing your orders and instructions. For further information regarding our treatment of your personal information, you are referred to our Client Information Processing Policy. The Provider will endeavour to comply strictly with the provisions of both the Protection of Personal Information Act (POPIA) as well as the Promotion of Access to Information Act (PAIA). By making any purchase you agree that you have read the terms and conditions set out in both the POPIA and PAIA manuals which is readily accessible hereinafter
  16. We have to protect our business and secure our systems. Consequently, you should note that we may monitor and keep records of any communication that you may send to or receive via our web site and we may use, publish and disclose such communications for any lawful purpose. This may include our filtering of incoming and outgoing electronic data messages to identify, limit and/or prevent the transmission of unlawful or otherwise undesirable material or content.
Part B: Competitions
  1. Unless expressly stated otherwise these terms will apply to all competitions offered on this web site. In the event of conflict between these terms and the rules applicable to any specific competition, the specific competition’s rules will prevail. Specific competition rules will be made available on this web site. The competition offer will set out at least the following:
  • The prizes on offer
  • The steps required to participate
  • The basis for determining the winners
  • The closing date
  • How the winners will be made known
  • Where, when and from whom prizes are to be claimed
  • The address of the web pages where the competition rules and these terms can be obtained
  • All competitions offered on this web site will be open to residents of South Africa only unless expressly stated otherwise. We may also stipulate additional entry criteria for entrants to a competition (e.g. a minimum age) and any entrant failing to comply with such criteria may be refused entry.
  • Anyone working for us or any entity in our group or for the supplier of the prizes for the relevant competition (including any director, employee, contractor, agent or consultant) and any person with more than 5% shareholding in any of our group entities, or for any of our advertising, media or public relations agencies, as well as any family members of any of the aforesaid are prohibited from entering any competitions offered on this web site.
  • The closing date for any competition will be as stated. The judges cannot accept responsibility for late entries.
  • We will be entitled to all right, title and interest in all entries submitted, including all intellectual property rights. Entrants must do all things necessary, including the execution of any requisite documentation to transfer such rights to us, as and when requested.
  • Any entrant may be required to submit proof of age. If you are not yet 18, you will be required to obtain your parents’ or legal guardians’ advance authorisation, permission and consent to participating in a competition or any of the related activities. If you fail to obtain such consent you may not participate in the competition or the related activities.
  • The judges decision will be final. We will not enter into correspondence.
  • All entrants’ information will be used only in accordance with our Client Information Processing Policy [insert link].
  • Where entry by SMS is applicable, SMSs are charged. Standard rates apply. Free rates do not apply.
  • Any deviation from the rules and/or attempt to manipulate the outcome of the prize will result in disqualification.
  • We reserve the right not to award a prize in any situation where it would be unlawful to do so.
  • Multiple winners may be subject to tie-break to decide an outright winner.
  • We may re-allot prizes if we are unable to contact selected winners. Please ensure that you provide the correct contact details.
  • Your name and place of residence may be published when winners are announced.
  • Winners may be requested to be photographed for publicity purposes or to participate in a radio or television broadcast or other marketing activity. No fees will be payable in this regard. Participation in any such marketing activity is voluntary and may be declined.
  • No cash alternative is available to any prize unless expressly stated otherwise.
  • Prizes are non-transferable in whole or in part, must be taken as stated and may not be sold to a third party. You must confirm acceptance of the prize as stated, failing which you will no longer be eligible for a prize, and that prize will be re-allotted.
  • If any prize offered becomes unavailable for reasons outside of our control, we reserve the right to select an alternative prize of equivalent type and value.
  • Where prizes involve travelling abroad, winners must be in possession of a valid passport, required visas and the relevant health certificates.
  • We accept no responsibility for any incorrect or incomplete registration details that you may supply as part of your registration. No responsibility will be accepted for undelivered, lost or delayed entries. Proof of sending is not proof of receipt. Errors in entries may, in the judges’ discretion, void entries.
Part C: Complaints and General
  1. We aim to provide you with a quality service. If, however, you feel that you have cause to complain, you can submit a form online www.la-motte.comor via email cellar@la-motte.co.zato our Customer Care Centre. We will try to do our best to resolve any problems that arise. We require that provide us with the following as part of your complaint:
  • Your full names, physical address, telephone number and email address
  • The location and description of the service feature or transaction which is the cause of your complaint
  • The problem with the service or transaction or rights that you allege to be infringed by such feature or component
  • The actions you would like us to take to remedy the problem
  • A statement confirming that you are making the complaint in good faith
  • A statement confirming that the information you are providing to us is to the best of your knowledge true and correct
  • Please incorporate your signature into the complaint
  • Use of this web site is subject to the laws of the Republic of South Africa, and the exclusive jurisdiction of the Western Cape High Court, Cape Town provided that if any South African Magistrate’s Court has competent jurisdiction over your person to adjudicate on any dispute arising from or in connection with these terms of use, such Magistrate’s Court will also have jurisdiction to adjudicate the dispute notwithstanding that the amount in dispute may exceed such court’s jurisdiction. You agree to accept service of legal process at the addresses you may provide to us when you use or subscribe to our web site services.
  • These terms of use and the terms incorporated herein by reference and the relevant terms implied herein by applicable law constitute the entire agreement between you and us with respect to this site, the services offered here and any products and services acquired through this site. These terms of use shall override any contrary terms or conditions incorporated by you in your communications with us and any such conflicting terms or conditions will not form part of the agreement concluded between us.
  • Our failure to enforce any provision of this agreement strictly will not be construed as a waiver of any provision or right. In the event that a portion of this agreement is held unenforceable or invalid by any competent authority, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in force and effect to the fullest extent permitted by the law.
  • You may not subcontract, cede, delegate, transfer or assign any of your rights, obligations or duties hereunder to any other person without our prior written consent. We may cede, delegate, transfer and assign our rights, obligations and duties hereunder to any other person.
  • We will be excused from a failure to perform or delay in performance of our obligations hereunder if and to the extent that circumstances outside our reasonable control prevent or delay such performance.

Terms and Conditions for La Motte Wine Estate (Pty) Limited

In the event that the consumer protection act, act no 68 of 2008 (“cpa”) is applicable to this agreement the following notice applies:

Consumer Protection Act Notice

In complying with the CPA, certain portions of the Agreement have been printed in bold. The reason for this is to draw the Participant’s attention to these clauses specifically as they either:

  • limit in some way the risk or liability of La Motte Wine Estate Proprietary Limited (hereinafter “La Motte”) or any other person;
  • constitute an assumption of risk or liability by the Participant;
  • impose an obligation on the Participant to indemnify La Motte or any other person for some cause; or are an acknowledgement of a fact by the Participant.

Kindly ensure that before the signing of this Agreement that you as the Participant have had adequate opportunity to understand these terms. If you do not understand these terms or if you do not appreciate their effect, please ask for an explanation and do not sign the Agreement until the terms have been explained to your satisfaction.

By making a booking at La Motte it is understood that these Terms and Conditions are understood and accepted by all participants, and that the booking agent or organiser of the group has explained these terms and conditions to all participants.

Nothing in this policy will affect the customer’s statutory entitlements under sale of goods and supply of services legislation, including the CPA.

1. Event schedules

La Motte reserves the right, under unavoidable circumstances, to alter the timing or content of the Event and to substitute any teacher or instructor or to cancel a course at any time.

La Motte does not guarantee the availability of any of the Events wheresoever advertised or promoted.

We reserve the right to cancel or postpone Event with full reimbursement if the Event does not meet the minimum enrollment size.

Event will always take place as scheduled unless prevented by delays caused by force majeure (howsoever defined).

If an Event is prevented from taking place on the day scheduled by any of the above reasons an alternative Event will be offered, a credit to a future Event, or the payment refunded in full.

2. Provisional bookings

Provisional bookings can be made for any Event, the booking will be held for 24 hours on a provisional basis before the places are released if not confirmed and paid for.

3. Cancellation policy

The Participant acknowledges that the Event provided in terms of this Agreement constitutes special order goods for the purposes of the CPA and as such are not subject to the provisions of Section 17 of the CPA.

Cancellations of confirmed bookings prior to a scheduled Event:

  • more than 7 days – no cancellation fee;
  • between 3-7 days – 50% cancellation fee will be charged;
  • 3 days or fewer hours and no-shows – full amount paid will be forfeited.

This cancellation policy stands for all bookings being cancelled, even if transferring to another date.

If you are unable to attend at the last minute due to illness or other unforeseen circumstances, your place can be transferred to another person of your choice, but not to another date.

No refunds will be given after the scheduled start of an Event.

4. Rates and Payments

Prices are as published on our website and will be confirmed to you at the time of payment in full for a booking .We reserve the right to change prices at any time prior to full payment of a booking.

5. Times

For general information: Please see our website for exact scheduled times, as times are subject to change.

Event times shown on our web site are subject to change. Specific Event times are as stated in the confirmation of your booking. Event generally run for approximately 2 hours.

6. Dietary requirements and allergies

Where possible, our chefs will accommodate dietary requests if they are given a minimum notice of 2 days prior to the scheduled Event date. La Motte does not otherwise cater for individual dietary requirements, whether for health or religious reasons or otherwise. La Motte does not hold any religious food or preparation certifications other than those related to normal health and safety.

Allergies are the responsibility of the individual customer and not of La Motte.

La Motte is not liable for any allergies, illness or reactions including leading to death from any food served at any time in our premises or any allergic reaction suffered.

7. Alcohol policy – we ask you to respect our staff when enforcing this policy and all legal requirements

Alcohol for consumption on-site must be consumed only in the designated areas. Alcohol can only be consumed on the premises and in such areas in our grounds as are designated to be available for the consumption of alcohol.

If you appear under 21, we will ask for relevant photo ID before serving wine. We advise anyone 21 or younger to bring appropriate ID on the first day of the Event.

Wine will only be served to individuals aged 18 or older. It is an offence for anyone to provide alcohol to any person aged under 18 or for an adult to secure alcohol on such under aged person’s behalf.

Please note that this offer is not for unlimited amounts of wine, but for tasting portions.

All wine will be removed from the table at the end of each Event.

La Motte takes no responsibility in any event for any person attending an Event becoming intoxicated, driving a vehicle over the statutory limits, or for loss of a driver’s licence.

For the safety of the individual and others, persons deemed by our staff (in their sole discretion) to be intoxicated will not be allowed to participate in an Event or asked to leave an Event, or refused alcohol.

Any participants disregarding these stipulations relating to alcohol will be asked to terminate their participation in the Event immediately, and be removed from the complex if necessary.

No compensation will be made to anyone being asked to terminate their participation in an Event or where such person(s) is/are removed from Leopard Leap’s premises.

8. Social enjoyment

The object of the Event is to learn the fundamental concepts and harmonisation of food and wine.

We reserve the right to terminate the Event prematurely should the group or any member of the group become unruly and we will not consider any refunds or pay any compensation. The booking agent or organiser of the group will be held liable for costs arising from damages caused to property and equipment due to negligence on the part of unruly individuals.

If any participant is considered by La Motte to be unsuitable for any reason, the student may be required to leave, either immediately or within a specified time.

9. Personal Property

Although every precaution has been taken to ensure the safety of participants and their respective belongings and vehicles, La Motte and its staff cannot be held responsible for any injuries or other mishaps that may occur while on the premises, or for losses or damages to persons and/or property of any nature and howsoever caused.

La Motte accepts no responsibility for lost property whatsoever. If any property has been left behind and found by a member of our staff, we advise you to organise a suitable courier to collect your goods at a convenient time. Any lost property which has not been claimed in 7 days will be given to charity.

10. Emergencies

In the case of an emergency, where it is impracticable to communicate with a person authorised to give medical instructions, the staff are authorised to arrange for a participant/child/ward to receive such medical or surgical treatment as may be deemed necessary.

The participant undertakes to pay or reimburse all costs, charges, fees and expenses which are or may be incurred for medical attention, ambulance transport and medication while the participant or his/her child/ward is enrolled with the programme.

11. Third party services

The suppliers providing transportation, sightseeing arrangements, tours and/or arrangements for attendance at La Motte (“Suppliers”) are independent contractors and are not agents, affiliates, representatives or employees of La Motte, or any of its subsidiaries, related companies or parents (“Affiliates”). La Motte has no ownership interest in any Supplier. Any use of the La Motte name by any Supplier is for identification purposes only and does not constitute ownership, agency, supervision or control by La Motte.

All documentation, receipts and tickets are issued subject to the terms and conditions specified by the Supplier(s).

By utilising the services of Suppliers, you agree that neither La Motte nor its Affiliates shall be liable for (i) any accident, loss, injury or damage to you or to those traveling with you, including, but not limited to, defects in vehicles, equipment malfunction, strikes, theft, delays, weather conditions, cancellation or changes in itineraries or schedules, or (ii) loss or damage to property or injury to persons caused by reason of any act or omission, intentional, negligent or otherwise by such Suppliers.

La Motte makes no implied or express warranties in any offering described in Supplier materials.

We strongly suggest that you request shipping your order to a business address.

By law we may only deliver packages containing wine to an adult (at least 18 years of age). Shipments will not be delivered if the recipient is not 18 years of age, or does not have an acceptable form of identification such as an identity document, driver’s license, passport or birth certificate.

If no one is available at your requested delivery address when we deliver the products you ordered, our courier will retain the products and we will tell you about the attempted delivery. If the courier returns the products to us, you must pay for any further delivery.

We are not liable for any loss occasioned by any delay in the delivery of any order.

By law we may only deliver products to physical addresses and may not deliver products to Post Office boxes.

Please note that the online wine sales from this store is only for South African customers. For online purchases in Europe, please visit our partner store EU Shop, or view other options on the Rest of the world page.

Vintages for wines is subject to change without prior notice.

Delivery cost is calculated per order, regardless of the number of bottles ordered. We recommend ordering in multiples of 6, as this reduces the risk of breakages.

Shipping and delivery is estimated based on availability of the products you ordered and receipt of your payment. Orders are confirmed by email. Delivery takes about 10 working days.

By placing an order you acknowledge and agree that we may provide your billing information to a third-party delivery service provider which processes the payment

We guarantee the quality of the wines we produce, and we want you to be completely satisfied with your purchase. If, for any reason, you are not satisfied with your order, send an email to info@la- motte.co.za with order details.

We will notify you by email of your refund once we’ve received and processed the return product.

You may return unopened products within 30 days of delivery for a full refund if the return is a result of our error (eg you received an incorrect or defective product), or you received damaged goods.

You should expect to receive your refund within four weeks of giving your package to the return shipper, however, in many cases you will receive a refund more quickly. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (3 to 5 business days), and the time it takes your bank to process our refund request (5 to 10 business days).

If you need to return an item, simply notify us via e-mail of your refund.

Where you have paid by credit card, we will process any refund to the credit card used for the purchase. In any other case, we will refund you by cheque or electronic funds transfer.