Introduction

1. This website is owned and operated by (“Nexusfulfilment”, “we”, “us” and “our”).
2. These Website Terms and Conditions (“Terms and Conditions”) govern the ordering and delivery of Goods, and the use of the Website.
3. These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (“you”, “your” or “user”), including without limitation each user who registers as contemplated below (“registered user”). By using the Website and by clicking on the “Sign Up” button on the Website, as may be applicable, you acknowledge that you have read and agree to be bound by these Terms and Conditions.
4. The Website enables you to browse online for an extensive range of Pernod Ricard Marketing goods.(“Goods”).

Important Notice

5. These Terms and Conditions contain provisions that appear in similar text and style to this clause and which -
   1. may limit the risk or liability of Nexusfulfilment or a third party; and/or
   2. may create risk or liability for the user; and/or
   3. may compel the user to indemnify Nexusfulfilment or a third party; and/or
   4. serves as an acknowledgement, by the user, of a fact.
6. Your attention is drawn to these Terms and Conditions because they are important and should be carefully noted.
7. If there is any provision in these Terms and Conditions that you do not understand, it is your responsibility to ask Nexusfulfilment to explain it to you before you accept the Terms and Conditions by continuing to use the Website.
8. Nothing in these Terms and Conditions is intended or must be understood to unlawfully restrict, limit or avoid any right or obligation, as the case may be, created for either you or Nexusfulfilment in terms of the CPA.
9. Nexusfulfilment permits the use of this Website subject to the 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.

Registration and use of the website

10. Only registered users may order Goods on the Website.
11. To register as a user, you must provide a unique username and password and provide certain information and business details to Nexusfulfilment. You will need to use your unique username and password to access the Website in order to order Goods.
12. You agree and warrant that your username and password shall:
    1. be used for business use only; and
    2. not be disclosed by you to any third party.
13. For security purposes you agree to enter the correct username and password whenever ordering Goods, failing which you will be denied access.
14. You agree to notify Nexusfulfilment immediately upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm.
15. You agree that you will not in any way use any device, software or other instrument to interfere or attempt to interfere with the proper working of the Website. In addition, you agree that you will not in any way 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 Nexusfulfilment representative (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Website).
16. You may not use the Website to distribute material, which is defamatory, offensive, contains or amounts to hate speech or is otherwise unlawful.
17. You may not in any way display, publish, copy, print, post or otherwise use the Website and/or the information contained therein without the express prior written consent of an authorised Nexusfulfilment

Conclusion of orders and availability of stock

18. Registered users may place orders for Goods, which Nexusfulfilment may accept or reject. Whether or not Nexusfulfilment accepts an order depends on the availability of Goods and the correctness of the information relating to the Goods.
19. NOTE: Nexusfulfilment will indicate the acceptance of your orders by allowing you to collect them, and only at that point will an agreement of transfer between you and Nexusfulfilment come into effect. This is regardless of any communication from Nexusfulfilment stating that your order has been confirmed.
20. Prior to collection of the Goods, you may cancel an order at any time provided you do so before collection of the Goods. You may return the Goods only in accordance with the Returns Policy.
21. Placing Goods in a shopping basket without completing the “place order” cycle does not constitute an order for such Goods, and as such, Goods may be removed from the shopping basket if stock is no longer available. You cannot hold Nexusfulfilment liable if such Goods are not available when you attempt to complete the purchase cycle at a later stage.
22. You acknowledge that stock of all Goods on offer is limited and that quantities may change at any time without notice to you. Nexusfulfilment will take all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, that quantities are promptly updated on the Website. However, we cannot guarantee the availability of stock. When Goods are no longer available after you have placed an order, Nexusfulfilment will notify you. 

 

Delivery of goods

23. Nexusfulfilment offers 1 (one) method of delivery of Goods to you, being self-collection.
24. For more information about collection, please see our FAQs, which are incorporated into these Terms by reference.
25. Where it accepts your order, Nexusfulfilment will prepare the Goods to you as soon as reasonably possible, but no later than 3 (three) hours after the of receipt of your order. We will notify you if we are unable to prepare the Goods during the Preparation Period and renotify you when the Goods will be available for collection.
26. Nexusfulfilment is not responsible for any loss or unauthorised use of a product, after it has been collected from the physical address nominated by you.

Returns

27. Refer to our Returns Policy for more information about returning products.  The Returns Policy is incorporated by reference (which means that it forms part of these Terms and Conditions).

Errors

28. We shall take all reasonable efforts to accurately reflect the description, availability, estimated cost, images and dimension of Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to our gross negligence), we shall not be liable for any loss, claim or expense relating to a transaction based on any error.
29. Nexusfulfilment shall not be bound by any incorrect information regarding Goods displayed on this website.

Changes to these Terms and Conditions

30. Nexusfulfilment may, in its sole discretion, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and make sure that you are satisfied with the changes. Should you not be satisfied, you must not place any further orders on, or in any other way use, the Website.
31. Any such change will only apply to your use of this Website after the change is displayed on the Website. If you use the Website after such amended Terms and Conditions have been displayed on the Website, you will be deemed to have accepted such changes.

Electronic communications

32. When you visit the Website or send emails to us, you consent to receiving communications from us or any of our divisions, affiliates or partners electronically in accordance with our Privacy Policy.

Ownership and copyright

33. The contents of the Website, including any material, information, data, software, icons, text, graphics, lay-outs, images, sound clips, advertisements, video clips, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated in this Website (“Website Content”) are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of Nexusfulfilment, its advertisers and/or sponsors and/or is licensed to Nexusfulfilment.
34. You will not acquire any right, title or interest in or to the Website or the Website Content.
35. Any use, distribution or reproduction of the Website Content is prohibited unless expressly authorised in terms of these Terms and Conditions or otherwise provided for in law. To obtain permissions for the commercial use of any Website Content contact us via our Help page.
36. Where any of the Website Content has been licensed to Nexusfulfilment or belongs to any third party, your rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.

Disclaimer

37. The use of the Website is entirely at your own risk and you assume full responsibility for any risk or loss resulting from use of the Website or reliance on any information on the Website.
38. Whilst Nexusfulfilment takes reasonable measures to ensure that the content of the Website is accurate and complete, Nexusfulfilment makes no representations or warranties, whether express or implied, as to the quality, timeliness, operation, integrity, availability or functionality of the Website or as to the accuracy, completeness or reliability of any information on the Website. If any such representations or warranties are made by Nexusfulfilment’s representatives, Nexusfulfilment shall not be bound thereby.
39. Nexusfulfilment disclaims liability for any damage, loss or expenses, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the Website and/or any content therein unless otherwise provided by law.
40. Although Goods ordered from the Website may, under certain specifically defined circumstances, be under warranty, the Website itself and all information provided on the Website is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, completeness, or non-infringement, as may be allowed in law.
41. Any views or statements made or expressed on the Website are not necessarily the views of Nexusfulfilment, its directors, employees and/or agents.
42. In addition to the disclaimers contained elsewhere in these Terms and Conditions, Nexusfulfilment also makes no warranty or representation, whether express or implied, that the information or files available on the Website are free of viruses, spyware, malware, trojans, destructive materials or any other data or code which is able to corrupt, destroy, compromise, disrupt, disable, harm, jeopardise or otherwise impede in any manner the operation, stability, security functionality or content of your computer system, computer network, hardware or software in any way. You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or your hardware or software, save where such risks arise due to the gross negligence or wilful misconduct of Nexusfulfilment, its employees, agents or authorised representatives. Nexusfulfilment thus disclaims all liability for any damage, loss or liability of any nature whatsoever arising out of or in in connection with your access to or use of the Website.

 

Linking to third party websites

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

 

Limitation of liability

45. Nexusfulfilment cannot be held liable for any inaccurate information published on the Website and/or any incorrect product information displayed on the Website, save where such liability arises from the gross negligence or wilful misconduct of Nexusfulfilment, its employees, agents or authorised representatives. You are encouraged to contact us to report any possible malfunctions or errors by way of our Help page.
46. Nexusfulfilment shall not be liable for any direct, indirect, incidental, special or consequential loss or damages which might arise from your use of, or reliance upon, the website or the content contained in the website; or your inability to use the website, and/or unlawful activity on the website and/or any linked third party website.
47. You hereby indemnify Nexusfulfilment 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.

 

Availability and termination

48. We will use reasonable endeavours to maintain the availability of the Website, except during scheduled maintenance periods, and are entitled to discontinue providing the Website or any part thereof with or without notice to you.
49. Nexusfulfilment may in its sole discretion terminate, suspend and modify this Website, with or without notice to you. You agree that Nexusfulfilment will not be liable to you in the event that it chooses to suspend, modify or terminate this Website other than for processing any orders made by you prior to such time, to the extent possible.
50. If you fail to comply with your obligations under these Terms and Conditions, this may (in our sole discretion with or without notice to you) lead to a suspension and/or termination of your access to the Website without any prejudice to any claims for damages or otherwise that we may have against you.
51. Nexusfulfilment is entitled, for purposes of preventing suspected fraud and/or where it suspects that you are abusing the Website to blacklist you on its database (including suspending or terminating your access to the Website), refuse to accept or process any order, and/or to cancel any order concluded between you and Nexusfulfilment, in whole or in part, on notice to you. Nexusfulfilment shall accepts no other liability which may arise as a result of such blacklisting and/or refusal to process any order.
52. At any time, you can choose to stop using the Website, with or without notice to Nexusfulfilment.

Governing law and jurisdiction 

Notices
56. Nexusfulfilment hereby selects Unit B1, CTX Business Park, Airport Industria, Cape Town, as its address for the service of all formal notices and legal processes in connection with these Terms and Conditions (“legal address”). Nexusfulfilment may change this address from time to time by updating these Terms and Conditions.
57. Notices must be sent either by hand, prepaid registered post, telefax or email and must be in English. All notices sent -
    1. by hand will be deemed to have been received on the date of delivery;
    2. by prepaid registered post, will be deemed to have been received 10 days after the date of posting;
    3. by telefax before 16h30 on a business day will be deemed to have been received, on the date of successful transmission of the telefax. All telefaxes sent after 16h30 or on a day which is not a business day will be deemed to have been received on the following business day; and
    4. by email will be deemed to have been on the date indicated in the “Read Receipt” notification. All email communications between you and us must make use of the “read receipt” functionto serve as proof that an email has been received.

Complaints 


58. If you have a complaint about the goods or services provided by us or require information regarding our internal complaints-handling process, please get in touch with us via our Contact Us link on the Website or you can contact our call centre on 021 206 5555
59. If we don’t resolve your complaint within 15 (fifteen) business days of you having notified us of it, you are entitled to approach the appropriate industry governing body to assist in resolving the dispute.

Information

60. For the purposes of the ECT Act, Nexusfulfilment’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website:
    1. Full name: Nexusfulfilment
    2. Main business: Logistics and Distribution
    3. Physical address for receipt of legal service (also postal and street address):Unit B1, CTX Business park, Airport Industria, Cape Town
    4. Office bearers: Gregory Kruger
    5. Phone number: 021 206 5555
    6. Email address: Greg@nexusfulfilment.co.za
    7. PAIA: The manual published in terms of section 51 of the Promotion of Access to Information Act 2000 may be downloaded from here.
       

General

61. Nexusfulfilment may, in its sole discretion, at any time and for any reason and without prior written notice, suspend or terminate the operation of the Website or the user’s right to use the Website or any of its contents subject to us processing any orders then already made by you.
    1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.
    2. Any failure on the part of you or Nexusfulfilment to enforce any right in terms hereof shall not constitute a waiver of that right.
    3. If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.
    4. No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.
    5. No indulgence, extension of time, relaxation or latitude which any party (the “grantor”) may show grant or allow to the other (the “grantee”) shall constitute a waiver by the grantor of any of the grantor’s rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.
    6. These Terms and Conditions contain the whole agreement between you and Nexusfulfilment and no other warranty or undertaking is valid, unless contained in this document between the parties.