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Terms & Conditions

Part A – Terms of Use for Website

These terms of use (Terms) govern your use of The Wine Box including all copyright, data, text, software, images, graphics, trademarks, logos, interfaces, photographs, and other intellectual property (Content). Please read these Terms carefully. BY USING THE WEBSITE, YOU ARE AGREEING TO THESE TERMS. You must not use the Website if you do not agree with these Terms.

1. Ownership

The Website and all Content is operated and owned by Dion Wine and Spirits East Africa Limited. Registered address: PO Box 24678 – 00502. Company No. PVT/2016/016282 trading as The Wine Box.

 

2. Use of Website

You may only use the Website and the Content on the Website for personal, non-commercial
purposes unless The Wine Box provides express written consent.
You must not:

• by any means copy, reproduce, republish, adapt, upload, link, post, frame, translate, transmit or distribute any part of the Website or any Content contained on the Website;
• do anything that imposes an unreasonable or disproportionately large load on the Website, or interferes or disrupts the Website or any network or website connected to the Website;
• breach the security of the Website, test or scan the vulnerability of the Website, or make any unauthorised modifications to the Website;
• interfere with any other persons use or enjoyment of the Website;
• post, or transmit to the Website any abusive, obscene, defamatory, or otherwise inappropriate material;
• use any robot, spider, scraping device, deep link, or any other automatic tool or algorithm, or any manual process that performs the same function, to copy or use any Content or any part of the Content on the Website, or to reproduce or separately store or use such Content;
• use the Website or any Content in any way that is unlawful, illegal or breaches the rights of The Wine Box or any third party; and
use the Website in any way that otherwise breaches these Terms.

In addition to these Terms, The Wine Box Privacy policy applies to the Use of the Website and various parts of the Website are subject to other terms and conditions. You should review these other terms and conditions carefully and not use the Website if you do not agree to these other terms and conditions.

3. Third Party Websites

The Website may contain links to other web sites controlled by third parties (Third Party Websites). The Wine Box is not responsible for any content on Third-Party Websites nor does it endorse or approve such websites. If you choose to visit these Third-Party Websites, you do so at your own risk and should make your own enquiries before relying on any content contained on
such Third-Party Websites. The Wine Box makes no representations about the quality or accuracy of material available on Third Party Websites, or that such material does not infringe the intellectual property rights of a third party.

Part B - Customer Agreement

This Agreement is a contract between you and Dion Wine and Spirits East Africa Limited trading as The Wine Box. It sets out how you can purchase goods online from The Wine Box. By completing the customer application process and purchasing goods online from The Wine Box, you are bound by this Agreement.

All online orders of liquor from The Wine Box are processed and distributed by Dion Wines and Spirits East Africa Limited.

1. INTERPRETATION

In these Terms:

The agreement is an agreement between you and The Wine Box to supply the Goods, and consists of the Order and these Terms;

Click & Collect Collection Point is The Wine Box to collect the Goods consistent with your Click & Collect Order.

Click & Collect Order means the Order you place using our Click & Collect option available on the Website, Delivery Address is the address where the Goods are to be delivered as stated on the Order, Delivery Fee is the fee payable to The Wine Box for delivery of the Goods to your Delivery Address and handling and other costs associated with processing your Order. Fees and conditions may vary depending on your location and the delivery option you select. Full details are available here. Goods are items in an Order, and include packaging, Intellectual Property Rights includes copyright, trademarks, patents, designs and protection of confidential information, Licensed Premises means the licensed premises as per each liquor licence and outlined here, and referred to jointly and severally as the context requires, Order(s) is an order(s) by you to purchase the Goods from The Wine Box and includes any order made using the Website, by telephone to The Wine Box or any Click & Collect Order, Personal Details includes your name, the Delivery Address, email address, contact phone number/s and payment details, Product List is the list of Goods displayed on the Website, Terms means these terms, and any additions or variations, and Website includes without limitation www.thewinebox.biz.

2. THE AGREEMENT

An Agreement exists between you and The Wine Box once The Wine Box receives and accepts an Order at the relevant Licensed Premises, and The Wine Box has no obligation to supply the Goods until the Order has been accepted. Each Order may be accepted by The Wine Box at its absolute discretion and The Wine Box expressly reserves the right to limit sales to reasonable quantities as determined at the sole discretion of The Wine Box. Each Order generates a separate Agreement, which The Wine Box reserves the right to cancel at any time pursuant to clause 4 below. Persons under 18 years of age are not permitted to place an Order.

 

3. CUSTOMER APPLICATION

Accurate information: Information provided by you in the Order must be accurate and complete. It is your responsibility to inform The Wine Box if there are any changes to your details.

Delivery area: Orders for delivery to addresses that are not in The Wine Box’s delivery area cannot be processed. We'll let you know when you select your delivery option if your address is not in an area where The Wine Box deliver.

Date of birth: Your date of birth may be required by relevant liquor licensing laws. You are required to provide this information truthfully at the time of registration or placing your Order.

4. ORDERS, DELIVERY AND COLLECTION OF GOODS

Age: It is against the law for The Wine Box or you to sell or supply liquor to, or obtain liquor on behalf of, a person under the age of 18 years. In placing the Order, you warrant to The Wine Box that:

  1.  You are over the age of 18 years and will produce evidence of age to the satisfaction of The Wine Box when requested at the time of delivery,
  2. Any person that you are obtaining the Goods for, or supply the Goods to, is over the age of 18 years, and
  3. You will not take or supply any part of your Order to any liquor-restricted area or community.

Changes to or cancellations of Orders: If you need to make any changes to or would like to cancel your Order, contact us on +254 798 079 965 and we will discuss your options with you.

We may cancel your Order before delivery or collection in whole or in part. We may do this even if we have received payment from you or sent you a tax invoice. The circumstances in which we may cancel your order are if:

  1. any of the Goods are not available;
  2. there was any error in the description of any of the Goods in your Order or the price as advertised by us;
  3. your order is in breach of this Agreement or any other relevant terms and conditions or is contrary to any law.

In the event that your Order is cancelled, we will endeavour to contact you as soon as possible, via one or more of your contact details supplied, to advise of you of the cancellation.

Delivery: The Wine Box will work with our carrier partners to deliver the Goods to you at the Delivery Address provided. We will make our best effort to deliver within the time agreed with you, however events beyond our reasonable control may occur from time to time which means that these delivery times may not be met. If this occurs, we will endeavour to contact you to arrange an alternative delivery time.

The Wine Box cannot commit to delivery beyond the front door of your home or office building. Front door means the front door or a point beyond which entry into the interior of the building occurs. If you request The Wine Box, or our carrier partner, to deliver the Goods beyond your front door and we agree that it is practical to do so, you agree to continually indemnify and hold harmless The Wine Box (including its officers, employees, contractors and agents) from any Loss suffered or incurred through the delivery of the Goods beyond your front door. Loss means any loss including any liability, cost, expense, claim, proceeding, action, demand or damage.

While within our checkout you may be able to request that your delivery is left unattended if no-one is home, our carrier partners reserve the right to not complete deliveries and leave collection notification. This may be through orders not limited to;

  • Driver concern of minors present in local vicinity
  • Inability for recipient to present adequate proof of age
  • Unclear instructions authorising delivery to be left unattended and in a safe place

Collection of Click & Collect orders:

Collection of Orders is from the Click & Collect Collection Point. Collection will be available within the timeframe specified from when the order has been placed (60 minute Click and Collect is only applicable to orders within retail limits). The Wine Box will store your purchases for 5 business days for you to collect. If you do not collect your order in this timeframe, the stock will be returned to the shelf for resale and your credit card will be refunded the purchase price.

Authorised receipt of Goods: Anyone at the Delivery Address (or upon collection) who receives the Goods shall be presumed by The Wine Box to be authorised to receive the Goods.

If the Order includes tobacco, liquor or other products where there is a minimum age required to purchase, you must ensure that a person over the age of 18 years is available to accept these Goods. Delivery of liquor will be subject to liquor licensing requirements and will not be made to premises which are declared to be restricted areas or premises or to persons who are under 18 years of age or deemed to be unsuitable. If the Order contains liquor or tobacco products, The Wine Box may request evidence that the person collecting the Order is 18 years or older. If the person receiving the Goods is unable or unwilling to provide satisfactory evidence of proof of age, or we believe that they are acting for or on behalf of a person who we consider may be unsuitable for any reason (including because they are under 18 years of age), The Wine Box may refuse to deliver the Goods. The Wine Box may refuse to provide liquor to a person who is intoxicated or disorderly.

Minimum order value: We reserve the right to set a minimum order value.
Order limits: Limits apply to all Orders as follows:

Type Limits

Delivery: 60 units per wine, 5 cartons per beer, cider or pre-mixed drinks, 12 units per spirit

Click & Collect 60 units per wine, 5 cartons per beer, cider or pre-mixed drinks, 12 units per spirit

Product availability: Some products and offers may not be available. Due to liquor licensing restrictions certain alcohol will not be available for customer to collect before 10.00am and after 10.00pm.

Additional services: From time to time, The Wine Box may offer you additional services. You acknowledge that all terms and conditions of such additional services shall apply and form part of these Terms. You acknowledge that The Wine Box is not making and has not made any warranty or representation as to the additional services or the suitability of the additional services to you, other than any warranty or representations that cannot be excluded by law. To the maximum extent permitted by law, all other warranties and representations are excluded.

5. RISK AND TITLE IN THE GOODS

Risk in the Goods passes to you upon delivery at the Delivery Address or collection at the Click & Collect Collection Point. You agree that title to the Goods passes at the Licensed Premises where we dispatch the Goods in your Order and passes to you once the Goods have been dispatched (left the licensed premises for delivery, or, collected from the licensed premises by You). Immediately on us making a refund to you for any Goods (for example a cancellation) you agree that title in the Goods shall pass back to us immediately.

 

6. RETURNS AND REFUNDS

Our Goods come with guarantees that cannot be excluded under the Kenyan Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

If your purchase is faulty, damaged, incorrectly described or breaches a consumer guarantee, we will be happy to provide you with either a refund or exchange upon presentation of your proof of purchase. If this purchase incurred a delivery fee, we will also cover the cost of the delivery fee for the return of the Goods back to us.

Please note that goods (including food) will not be accepted by The Wine Box for a refund or exchange due to a change of mind.

7. PRICE OF GOODS AND PAYMENT

Delivery Fee: if required by The Wine Box, you must pay the Delivery Fee for each Order with The Wine Box. You acknowledge that the Delivery Fee may not be refundable.

Specials:
The Wine Box offers specials that are available both instore and online. However, there are also online only promotions and specials that are available instore only.

Total price of Goods: Goods in your Order are charged at the purchase price published at the time you submit your Order, and as appears on the Order confirmation, except:

  1. if a Good is out of stock, in which case you won't be charged for that Good,
  2. where you have accepted to substitute Goods, The Wine Box may substitute the Goods and you will be charged at the lower of the original or the substitute price at the time the substitute Good is processed for your Order, and
  3. if you modify your Order, in which case all prices will update to the then-current prices.

Pricing and product information errors: The Wine Box reserves the right to amend any pricing or product information errors displayed due to human error, computer malfunction or other reason and may exercise its right to cancel the order pursuant to clause 4 above.

  1. All prices are Kenyan Shillings and are inclusive of VAT.
  2. Product prices for products listed on the website are applicable to online purchases only.
  3. Promotional offers and prices are as stated, with no further discounts available.
  4. Bundle Buy Save Value is based on regular shelf prices of individual bottles.
  5. Prices are subject to variation.
  6. Promotional codes are single use and cannot be used on multiple orders.

Tax invoice: Before or upon delivery of the Goods, we'll provide you with a tax invoice with the total price for the Goods, including credits applied and any other fees.

Method of payment: You shall pay for the Goods at the time of purchase or when your Order is dispatched. You may use your credit card (Mastercard, Visa, American Express and Diners) or MPESA. The Wine Box does not accept cash.

8. OUT OF STOCKS AND SUBSTITUTION

The Wine Box does not provide rain checks on Goods ordered by you. If the items you have ordered are out of stock The Wine Box customer service will endeavour to contact you to offer a substitution of goods. If you are unhappy with the substitution offered, we will cancel the order and complete a refund.

9. PACKAGING AND LABELLING OF GOODS

The Wine Box aims to provide up-to-date pictures and details of the Goods on the Website. At times, the picture or details of the Goods may differ from the Goods actually supplied to you. The Wine Box does not warrant the accuracy of the information contained on the Website, any descriptions or pictures, and recommends that you read labels carefully before consuming Goods. Additionally, our wine vintages are subject to change when delivered.

10. INTELLECTUAL PROPERTY RIGHTS

You acknowledge that The Wine Box or its related corporations own or are licensed to use all Intellectual Property Rights in The Wine Box, including any images, photographs or text that appears on the Website. You must not make any representation to the contrary and you must not use or copy The Wine Box in any manner inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. You acknowledge that any trademarks or logos that appear on the Website are owned by or licensed to The Wine Box or its related corporations, and that you must not do anything to prejudice the rights of the trade mark owner or licensee to such trademarks or logos.

11. LIABILITY

11.1 The Wine Box will use reasonable care and skill in fulfilling the Orders.

11.2 We are responsible for loss suffered by you as a result of:

a. our negligence if it causes personal injury or death, or
b. a serious breach of this Agreement by us, if that loss was reasonably foreseeable at the time.

11.3 Subject to clause  11.2 and to the extent permitted by law, you release and discharge The Wine Box and its related corporations from all forms of direct, special, indirect or consequential loss or damage (including loss of profits, loss of data or loss of damage that may reasonably have been supposed to have been in the contemplation of the parties as at the date of this Agreement) arising out of or in connection with The Wine Box or this Agreement (including the installation, downloading, use or performance of any software related to the Website).

11.4 Provided that it is fair and reasonable to do so, any liability by The Wine Box resulting from a breach of warranty (express or implied) will be limited as follows:

  1. If the breach relates to the Goods, to the replacement of the Goods or the supply of equivalent goods, or
  2. If the breach relates to services, to the re-supply of the services or the cost of having the services supplied again.

11.5 The limitations in clause do not apply to any condition or warranty implied by legislation that does not permit the liability of The Wine Box to be limited.

12. USE OF THE WEBSITE

You may only use the Website for personal, non-commercial purposes unless The Wine Box provides express written consent to the contrary. Your use of the Website is governed by the terms of use for Website which can be viewed at Part A – Terms of Use for Website.

13. USERNAME AND PASSWORD

You are responsible for the safekeeping of your username and password. You are liable if your account is misused by an unauthorised person.

14. NOTIFICATION OF CHANGES

The Wine Box may add to, delete, or otherwise change any of the terms of this Agreement by giving you notice as provided in clause 17. Any Order placed by you after notice will constitute your deemed acceptance of such changes.

15. PRIVACY AND SECURITY

For details on The Wine Box commitment to your privacy, please refer to our Privacy Policy.

16. TERMINATION

The Wine Box may terminate or suspend this Agreement at any time by delivering notice (as specified in clause 17) or by sending you a message advising that your shopping privileges have been removed. Termination of this Agreement is effective the day notice is received, or such later date as specified in the notice. The Wine Box may remove anyone from the system or refuse to deliver to a particular address at any time. You may cease placing orders at The Wine Box at any time.

 

17. NOTICES

The Wine Box may give notice to you by email, conventional mail or notice on the Website. You may give notice to The Wine Box by email to [email protected]

18. SEVERABILITY

Each provision of this Agreement is severable. The Agreement remains enforceable even if individual clauses are removed or deemed unenforceable.

19. LAWS

The laws of Kenya govern this Agreement..

 

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