Terms & Conditions

Website terms of use

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diemersfontein.co.za is the official online platform on which DIEMERSFONTEIN WINE & COUNTRY ESTATE in Wellington, South Africa, publishes news about its events, general information about its various activities and business operations, and products that may be ordered online.

01. Privacy Policy

While we do not share the information we collect on our website with third parties, we do process the information we collect on our websites (registration details, contact details, traffic analysis reports) for in-house purposes: to improve the content of our web pages, to market DIEMERSFONTEIN WINE & COUNTRY ESTATE brands and products, to fine-tune the behaviour of our websites, to monitor user behaviour, to customize the content and/or layout of our page for each individual visitor and to notify consumers about updates to our website. 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).

02. Cookies

Our website uses cookies. Cookies are small text files that are placed on your computer or mobile phone. We use cookies to ensure that we give you the best experience on our website, to ensure we show you advertising that is relevant to you, to distinguish you from other users and to understand how the website is being used by visitors including counting the number of visitors. If you continue without changing your cookie settings (in your browser), we’ll assume that you are happy to receive all cookies from our website.

03. GOOGLE ANALYTICS

DIEMERSFONTEIN WINE & COUNTRY ESTATE uses Google Analytics, including its Demographics and Interest Reporting, to collect data about your traffic via Google advertising cookies and anonymous identifiers, in addition to data collected through a standard Google Analytics implementation. To provide website visitors the ability to prevent their data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on.

04. Edit or remove your details from our mailing list

DIEMERSFONTEIN WINE & COUNTRY ESTATE store your registration details in an online mailing list database. You may at any time ask us to remove or edit your details, by contacting us via the contact details provided on the website, or by selecting the unsubscribe link in our newsletters.

05. Website ownership and copyright

The Website is owned by DIEMERSFONTEIN WINE & COUNTRY ESTATE and managed by DIEMERSFONTEIN WINE & COUNTRY ESTATE as content provider and content aggregator. All materials distributed in the Website (the “Materials”) are owned exclusively by DIEMERSFONTEIN WINE & COUNTRY ESTATE. Except for downloading one copy of the Materials for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of DIEMERSFONTEIN WINE & COUNTRY ESTATE. Materials must not be used in any unauthorized manner. Text, legal opinions and advice, photographs and or graphic material, including the DIEMERSFONTEIN WINE & COUNTRY ESTATE brand and logo (collectively, the “Materials”) shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these Materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.

06. User interaction

Participation: The Website offers an opportunity for you to “Contact Us” (“Message Features”). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message that: imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website;

In order to participate in any Message Feature, you will be asked to provide certain personal information such as, for example, your name and email address. (The Website’s Privacy Statement explains how such information may be collected and used.)

License: By transmitting any Message, you are granting to DIEMERSFONTEIN WINE & COUNTRY ESTATE a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message, in whole or in part, in any form, media or technology known or hereafter developed.

You acknowledge that Messages are not confidential and they may be read, intercepted by others and widely accessible on the World Wide Web. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and DIEMERSFONTEIN WINE & COUNTRY ESTATE other than as expressly set forth in this Agreement.

07. Termination and variation of services

DIEMERSFONTEIN WINE & COUNTRY ESTATE may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. They may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.

08. Links

The Website may contain links and pointers to other World Wide Web sites and resources. Links to and from the website to other Web sites maintained by third parties, do not constitute an endorsement by DIEMERSFONTEIN WINE & COUNTRY ESTATE or any of its affiliates of any third party website or content. DIEMERSFONTEIN WINE & COUNTRY ESTATE are not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its Web site administrator or Webmaster.

09. Disclaimer of warranties

Use of the website and the services, are at your exclusive risk, and the risk of injury from the foregoing rests exclusively with you.

The website, including, but not limited to all services are provided “as is” and without warranties of any kind, either express or implied, including, but not limited to any warranties of title or warranties of merchantability or fitness for a particular purpose.

DIEMERSFONTEIN WINE & COUNTRY ESTATE do not warrant that: (1) the website or the services will be uninterrupted or error free; (2) defects or errors in the website or services will be corrected; (3) the website or the services will be free from viruses or other harmful components; or (4) any information contained in the website, or the services will be accurate or reliable.

10. Limitations on liability

Notwithstanding any term in this agreement, or other operating term set forth by DIEMERSFONTEIN WINE & COUNTRY ESTATE, you are exclusively liable for the content of every message you transmit via the website. In no event may DIEMERSFONTEIN WINE & COUNTRY ESTATE be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to use of or inability to use the website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if DIEMERSFONTEIN WINE & COUNTRY ESTATE have been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the liability of DIEMERSFONTEIN WINE & COUNTRY ESTATE in such jurisdictions shall be limited to the extent permitted by law.

11. Indemnification

You hereby agree to indemnify and hold DIEMERSFONTEIN WINE & COUNTRY ESTATE – and their respective shareholders, members, directors, officers, employees, agents and representatives – harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (1) your use of the website or (2) any alleged breach of this Agreement by you.

12. Termination

This Agreement may be immediately terminated at any time by DIEMERSFONTEIN WINE & COUNTRY ESTATE in their sole discretion. In addition and without prejudice to any other remedy available to DIEMERSFONTEIN WINE & COUNTRY ESTATE, and they may immediately terminate this Agreement if you breach any term of this Agreement or other operating term set forth by DIEMERSFONTEIN WINE & COUNTRY ESTATE.

13. Choice of law and jurisdiction

This website is owned and operated within the Republic of South Africa. Therefore, these terms and conditions are governed by the laws of the Republic of South Africa, and the user consents to the jurisdiction of the Western Cape Division of the High Court in the event of any dispute.

14. Miscellaneous

This Agreement constitutes the entire agreement between the parties, and supersedes all prior agreement and communications with respect to the subject matter herein. The section headings in this Agreement are for convenience only and must not be given any legal importance.

15. Acceptance of terms of use

By using the website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. DIEMERSFONTEIN WINE & COUNTRY ESTATE may change the terms of this Agreement at any time, and your use of the website after such changes are posted will mean that you accept them.

Online shop & Cork club


DIEMERSFONTEIN is a business in the wine industry that produces and sells wine.

01. Company information

This website, web shop and membership is run by Diemersfontein based in South Africa trading as Diemersfontein and with registration number 2002/008524/07. Diemersfontein can be contacted at Email: online@diemersfontein.co.za Telephone: 0218645050

02. Age restriction

Diemersfontein is committed to responsible drinking. By visiting and using this section on our website, you confirm that you are of legal drinking age. Please drink responsibly | ara.co.za

03. General

These terms and conditions apply to any and all orders placed with Diemersfontein. Please read these terms and conditions carefully as the affect your legal rights and liabilities and set out the terms under which Diemersfontein makes products available to you. It is expressly implied that by buying any product from Diemersfontein, you accept these terms and conditions.

04. Pricing

All local prices quoted include VAT currently at 14%, but exclude delivery charges (where applicable) which are calculated at point of sale. Prices quoted are per bottle or per case, as indicated. Diemersfontein reserves the right to vary prices at any time, without notice. All private sales to non South African Residents will be subject to VAT unless shipped through a recognized shipping agent or courier service.

05. Availability

All wines listed are subject to availability. In the unlikely event that a wine is not available, we shall contact you to recommend alternatives. You are then entitled to accept the alternative or cancel your order.

06. Acceptance

We shall acknowledge your order / Cork Club application via letter or email. Our acknowledgment of this constitutes legal acceptance, at which point a binding contract of sale has been concluded. We reserve the right to refuse any order or application at our discretion. No wine will be sold to anyone under the South African legal drinking age.

07. Delivery

Subject to availability and receipt of payment, delivery will be made to your door at the address specified on your order or application form. Delivery will be made by arrangement with the buyer or member, on a date indicated as suitable by the buyer or member. Delivery charges will be levied to international destinations. Shipping rates depend on the location of the delivery and the number of bottles purchased. For a quote on international shipping rates, please contact online@diemersfontein.co.za. All deliveries made in South Africa will be by road freight directly to your door. All goods must be signed for on delivery. If no one is available at the address when the delivery is attempted, the goods will be retained by the courier, in which case notification of the attempted delivery will be given. Should the wine order be returned to Diemersfontein, any further delivery attempts will be at your cost. We will not be liable for any loss occasioned by any delay in the delivery of any order.

08. Export restriction

The offering on the online shop on this website is available to residents in South Africa only. For international wine orders and a list of worldwide retailers click here.

09. Insurance

Our products are insured to the point of delivery.

10. Cancellation

An order is considered cancelled once you have notified Diemersfontein of such cancellation and you have received our confirmation thereof. Cancellation of in-stock items is only possible if the stock has not left our premises. Should we be unable to effect payment with credit card details given, this order will be cancelled. Orders may be cancelled by email to online@diemersfontein.co.za

11. Returns

Diemersfontein guarantees the quality of all products supplied, and your satisfaction is our foremost priority. If for any reason you are dissatisfied with your order or the quality of our products, please contact us and return the products within the stipulated 14 days’ period. If we find that the items were faulty in any respect when delivered to you, we will refund you the price of the item(s) as well as the cost of delivery and return of the items, within 30 days of our receipt of the returned items.You will be deemed to have accepted the order should you not return the products within the 14 days’ period.

12. Refunds

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 EFT transfer.

13. Payment

Payment will only be accepted by Visa, Master Card, Diners’ Club or American Express credit cards, or by EFT into our bank account.

14. Credit Card Security

Credit card transactions will be acquired for DIEMERSFONTEIN 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 credit card details are stored on the website. Users may go to www.paygate.co.za to view their security certificate and security policy. Customer details will be stored by DIEMERSFONTEIN 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

15. Customer details separate from card details

Customer details will be stored by DIEMERSFONTEIN 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

16. Customer Privacy policy

DIEMERSFONTEIN 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). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569

17. 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).

18. Liability

Diemersfontein’s liability to you in connection with or arising from any order will be limited to a maximum of the price charged for the relevant items, our delivery charges and any reasonable and necessary return costs arising from the order.

19. Country of Domicile

These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. The courts of the Republic of South Africa shall have exclusive jurisdiction to determine any dispute connected with any orders placed with Diemersfontein. If any of these terms or conditions are held by a court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, then such terms or conditions will be regarded as severable, and will not affect the validity of the remaining terms and conditions which will continue to be valid and enforceable to the fullest extent permitted by law.

20. Variation

Diemersfontein may, at its sole discretion, change these terms and conditions or any part thereof at any time without notice. However, the terms and conditions published here at the time when a specific order is placed will govern that specific order and all matters incidental to the specific order, notwithstanding any amendments which Diemersfontein may subsequently make to these terms and conditions.

21. Customer Service

Contact us should you have any questions, suggestions or comments. We appreciate your patronage and strive to provide you with exceptional service.

22. Annual shipments for Cork Club Members

The two annual shipments are a compulsory Cork Club member benefit.

COMPETITIONS & PROMOTIONAL CAMPAIGNS


  1. The promoter is Diemersfontein Wine & Country Estate (“the Promoter”), and can be contacted at online@diemersfontein.co.za or 0218645050.
  2. Unless otherwise specified, promotional competitions are open to all South African citizens and residents who are in possession of a valid identity document, who are of a legal drinking age, except any director, member, partner, employee, agent or consultant of the Promoter, the marketing service providers or any person who directly or indirectly controls or is controlled by these entities, including their spouses, life partners, business partners or immediate family members.
  3. Diemersfontein promotions and competitions are not open to people younger than the legal drinking age.
  4. Promotional competitions are limited in time, and open from the start date and end at the closing date, as indicated for every individual competition. Any entries received after the closing date will not be considered.
  5. To enter, participants are required to comply with certain conditions, as specified in the individual competition. Non-compliance means that the participant has not entered the competition, and means that the participant will not be considered for the prize.
  6. Prize winner(s) are selected by means of a random draw and are notified by means of the contact details that have been submitted at the time of participation. If participation required a “Like” on our Facebook page, prize winner(s) are notified by a message to their Facebook profile and by a notification with the name’s initials and city of residence on our Facebook page. If contact details were submitted at the time of participation, we will use these contact details to get in touch with the prize winner(s).
  7. The Promoter (or their agent) will endeavour to contact the prize winner(s) once every day for 3 (three) consecutive working days after their name is drawn. 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.
  8. All winners will be required to provide their names, physical street address (for delivery of the prize) and contact details and to sign an acknowledgment of receipt of the prize. Participants who fail to provide the necessary documents within 5 (five) days from date of notice will forfeit the prize. Any prize not taken up for any reason within 5 (five) days of notification will be forfeited.
  9. A copy of these rules can be found on the Diemersfontein website [www.diemersfontein.co.za] throughout the period of the competition.
  10. The names and profile picture of the winner(s), once contacted and confirmed, will be published on www.facebook.com/mardouw.
  11. The Promoter shall not be responsible for any lost, damaged or delayed entries for any reason whatsoever. Proof of sending will not be accepted as proof of receipt.
  12. The prizes are not transferrable./li>
  13. The agency’s print out of the delivery note will serve as proof of receipt of the prize by the winners.
  14. The Promoter reserves the right to use the images taken of the winner for publicity purposes in any manner they deem fit, without further 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.
  15. The Promoter reserves the right to disqualify any claim if fraud or cheating is suspected, including without limitation, through the manipulation of code or otherwise frequently falsifying data.
  16. No applications from agents, third parties, organised 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.
  17. Any attempt to use multiple e-mail or Facebook accounts or other tactics to enter or vote more than the stated limit may result in disqualification and all associated entries and/or votes will be void. Entries or votes generated by script, macro, bot, commercial contest subscription, incentives or other means not sponsored by the Promoter, vote-swapping sites, voting software, entering service sites or any other automated means and entries or votes by any means that subvert the entry/voting process or do not conform to the terms or spirit of these competition rules, will void the entry/votes and may disqualify the entrant.
  18. The Promoter shall have the right to change or terminate the promotional competition immediately and without notice. 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.
  19. 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.
  20. Neither the Promoter, its agents, its associated companies, nor any directors, officers or employees of such, shall be liable for any loss or damage, whether direct, indirect, consequential or otherwise arising from any cause whatsoever, which may be suffered by the participant.
  21. The judges’ decision is final and no correspondence will be entered into.
  22. Participation in the promotional competition constitutes acceptance of the promotional competition rules and participants agree to abide by the rules.
  23. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. You are providing information to the Promoter and not to Facebook.
  24. The Promoter assumes no liability whatsoever for any entry that has been omitted from participation for any reason whatsoever. The Promoter is not liable for any technical failures affecting participation in the competition.
  25. The Promoter reserves the right to delete any information uploaded by a participant which the Promoter, in its absolute discretion, believes is illegal, obscene, offensive or defamatory, or infringes the intellectual property rights of a third party, or is otherwise inappropriate for a campaign designed for mass audience entertainment.
  26. Participants warrant that they have full rights to the images and stories that they upload and that the use of the said material shall not constitute a breach of any third party’s copyright or other intellectual property rights.
  27. All information provided to the Promoter in respect of this promotion will be treated as confidential and will not be disclosed to third parties, except in situations where: – The Promoter is legally compelled to do so; and – Disclosure is made at your request or upon your written consent.
  28. Where possible, the Promoter will limit the collection of information to the minimum information required for purposes of the promotional competition and in order to deliver superior service and advertising products to the participants in future.
  29. In the event the Promoter uses third party organisations for support reasons they will be required to stringently conform with the Promoters privacy statement.