TERMS & CONDITIONS
The following terms and conditions will apply to any order you place with us. If you are unable to agree to them, we are afraid that you will not be able to use our ordering service and you should not proceed with your order. These terms and conditions will apply to your order.
General Information
For your convenience, we have listed below some general information about ourselves:
– We are Haven Wines, our business address is Lavington Shopping Centre -Off James Gichuru Road, Nairobi. If you have an order related query, you may contact us as follows:
- Phone:+254722260571
- E-mail: havenwines@gmail.com
Contract information
If you would like to buy any Goods on this Website, please click on ‘Place Order’. This will be an offer from you to buy the Goods. We reserve the right to reject any offer received from you. If we accept your offer, we will notify you. A legally binding contract will be formed between us at the time of sending the notification to you. You agree to be bound by the terms and conditions set out below. We may vary our terms and conditions at any time.
- Conditions
All orders are accepted by us (“the Company”) subject to and in accordance with these Conditions. These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and you (“the Customer”) or set out in the Customer’s standard terms and conditions. If there is any conflict between the other provisions of this Web Site and these Conditions; or the provisions of your order and these Conditions then, unless the Company otherwise agrees in writing, these Conditions will prevail. Together with any terms accepted by the Company in writing in connection with your order, these Conditions constitute the entire agreement between the Company and the Customer. No variation to these Conditions is permitted unless expressly authorized in writing by a director of the Company.
2.Prices
Prices are in KES, inclusive of VAT. Payment will be by M-PESA and Mastercard/Debit only. The Company has used all reasonable endeavors to ensure that prices are accurately set out in the Web Site but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when your order is accepted.
- Payment
Payment is due in cleared funds prior to dispatch of Goods. We accept M-PESA payments and Mastercard/Debit visa payment forms. This is to ensure that all payments are made on a secure network and customers are protected against fraudulent activity. - Orders
The Company reserves the right to decline to trade with any company or person. Without prejudice to the generality of the foregoing, the Company adopts the following policy at all its delivery/collection points: You must be 18 or over to buy alcohol. You must not buy alcohol on behalf of under 18’s. We apply this policy to all delivery and collection orders. We will not supply if the person receiving or collecting orders appears under the age of 21.
- Delivery
The Company will use reasonable endeavors to dispatch Goods ordered on the day of order Delivery will be made to the address specified by the Customer.
The Company may use any method of delivery available to it. The Company will use reasonable endeavors to meet delivery and/or performance estimates, but in no circumstances shall it be liable to compensate the Customer for non-delivery, non-performance or late delivery or performance. Time for delivery and/or performance will not be of the essence. - Inspection, defects, and non-delivery
The Customer must inspect the Goods as soon as is reasonably practicable.
The quantity of any consignment of Goods, as recorded by the Company upon dispatch from the Company’s place of business, shall be conclusive evidence of the quantity received by the Customer on delivery, unless the Customer can provide conclusive evidence to the contrary. The Company will not be liable for any non-delivery of Goods unless written notice is given to the Company within 3 working days of the date when Goods should have been delivered. The liability of the Company for non-delivery or non-performance or for Goods notified as defective will be limited to replacing the Goods in question, or to refund the price paid for the relevant Goods. - Description
All specifications, drawings, illustrations, data sheets, descriptions and particulars of weights, dimensions, capacity, or other details including, without limitation, any statements regarding compliance with legislation or regulation wherever they appear, (including on dispatch notes, invoices or packaging) are intended to give a general idea of the Goods but will not form part of the Contract. - Warranty/Guarantee
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Haven wines, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
- Exclusion of Liability
The Company will be under no liability to the Customer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
Any of the Goods, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Goods by the Company or on the part of the Company’s employees, agents or sub-contractors;
Any breach by the Company or any of the express or implied terms of the Contract;
Any use made or resale or on-supply of any of the Goods or any product incorporating any of the Goods or developed using the Goods;
Any acts or omissions of the Company at the Customer’s premises;
Any statement made or not made or advice given or not given by or on behalf of the Company, including as to compliance with legislation or regulation; or
Otherwise under the Contract.
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Customer.
The Company’s total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to r replacing Goods or, at the Company’s option, refunding monies already paid in respect of the Goods. - Intellectual property rights
The Goods are subject to the intellectual and industrial property rights including patents, know-how, trademarks, copyright, design rights utility rights, database rights and/ or other rights of the Company and third parties. No right or licence is granted to the Customer, except the right to use or re-sell the Goods in the Customer’s ordinary course of business. - Use of Personal Data
You will be bound by the Company’s privacy policy which is set out below:
We are committed to protecting your privacy. We will only use the information that we collect about you lawfully (in accordance with the Data Protection Act).
We collect information about you for 2 reasons: to process your order and to provide you with the best possible service, relevant to you.
We will not e-mail you in the future for anything unrelated to this current visit unless you have given us your consent.
We will give you the chance to unsubscribe from any marketing email from us, should you wish to do so.
The type of information we will collect about you may include: Your name, address, phone number, email address, your order details. These will be kept on file purely so that we can deliver the best possible service and will not be given to any third party.
We ask for your Credit/debit card details on payment of your order, and these are securely sent to our payment portal to process payment. At no point to we record these details.
We will never collect sensitive information about you without your explicit consent. The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies, we will delete or correct them promptly.
The personal information which we hold will be held securely in accordance with the law and your protection. We may use technology to track how visitors use our site. - Promotions
In the event that the Company sends promotional material to the Customer in relation to goods available from the Company, these Conditions shall apply to all Goods purchased from such material.
For any questions, please email us at: havenwines@gmail.com or call us direct and we will be sure to answer any concerns on the matter.