Terms & Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.Due to legal and other developments, brewmart pty ltd may amend these Terms and Conditions. The version of the terms and conditions effective for this website is indicated by the effective date incorporated in the title of these Website Terms and Conditions. It is your duty to remain appraised of the current version of these Website Terms and Conditions.By continuing to browse or use the website after any amended terms and conditions become effective, you agree to be bound by the amended terms and conditions.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted and owned as a collective work under the South African and other copyright laws, and is the property of Brewmart ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Brewmart or purchasing Brewmart products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Brewmart or to purchase Brewmart products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Brewmart. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Brewmart used in the site are trademarks or registered trademarks of Brewmart.
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Brewmart disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Brewmart does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Brewmart does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
Limitation of Liability
Brewmart shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Brewmart has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
In the event that a Brewmart product is mistakenly listed at an incorrect price, Brewmart reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Brewmart reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Brewmart shall issue a credit to your credit card account in the amount of the incorrect price.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Brewmart without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Brewmart may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Brewmart.
Your use of this site shall be governed in all respects by the laws of South Africa, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Brewmart products) shall be in the magistrate court located in Pretoria, Gauteng. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Brewmart products) must be commenced within one (1) month after the claim or cause of action arises. Brewmart's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Brewmart may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Brewmart or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Brewmart does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Brewmart is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Brewmart reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Brewmart in its sole discretion.
You agree to indemnify, defend, and hold harmless Brewmart, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, Brewmart may link to sites operated by third parties. However, even if the third party is affiliated with Brewmart, Brewmart has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Brewmart. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Brewmart seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
The grains we supply are intended for brewing beer with and come in the form we receive from the maltsters. There is usually a little foreign matter between the grains. The foreign matter includes various seeds, pieces of wood, nuts, bolts and an assortment of insects. Malt is fumigated before it departs for South Africa, but occasionally some bugs survive. The best way to sort them out is to place the malt in a freezer overnight. Alternatively, just add them all to the mash. Grains that are milled is a modified product that we can unfortunately not resell and it is therefore not returnable.
All product returns and back orders are sent via the South African Post Office. Should you wish Brewmart to use another delivery channel, the difference in price needs to be paid before the item is sent.All orders are shipped without insurance (delivery or damage) at the customer's risk. Should you wish to insure the shipment, please contact Brewmart before it ships so that a quote can be sent. After an online purchase, a proof of purchase (order) is sent to the client or can be downloaded from the Brewmart website. It is the responsibility of the seller to check that all items on this order is collected where collection is selected at a physical store. All orders that are not collected within 3 months will be sold to recoup storage fees. Under no circumstances will uncollected orders be shipped for which a shipping fee has not been paid.
Please see Shipping Terms & Conditions at checkout for items that are shipped.