TERMS & CONDITIONS
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 MIA Wines and Spirits International Ltd and our business address is 333 Rhapta Road, Westlands, Nairobi. If you have an order related query, you may contact us as follows:
- Phone:0705114400
- E-mail: sales@miainternational.co.ke
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 authorised 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 endeavours 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.
Minimum order amount is KES 2,000 online. This will apply free delivery within Nairobi. For orders less than KES 2,000, there will be a delivery charge of KES 350. All orders from outside of Nairobi will be charged at KES 350 per carton. Each carton can only consist of 6 items (bottles). For orders where the total count of items/bottles is more than 6, the delivery will be charged again and will continue to b applied for every 6 items in the cart.
“Single” prices are for orders of less than 12 items in your cart.
“Wholesale (12+)” prices are applied for orders of 1 case (12 items). In this instance, the prices will change automatically for your entire order.
Once accepted, no order may be cancelled without the prior written agreement of a director of the Company.
Orders may be accepted by the Company by despatching the Goods, but despatch will not be acceptance where the price has been incorrectly quoted or referenced by the Customer in its order.
- Delivery
The Company will use reasonable endeavours to despatch Goods ordered before 12 noon Monday to Friday on the day of order and any Goods ordered after that time the next working day. This is provided that the Goods are in stock.
Where Goods ordered are not in the catalogue or are non-stock items, it may not be possible for the Company to arrange same or next day working dispatch, but the Company will make reasonable endeavours to notify the lead times for Goods, where known.
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 endeavours 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 despatch 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 despatch notes, invoices or packaging) are intended to give a general idea of the Goods but will not form part of the Contract. - Risk and ownership
The risk of damage to or loss of Goods will pass to the Customer when the Goods are unloaded from the Company’s carriers at the Customer’s premises. Ownership of the Goods shall pass at the same time the Goods are unloaded. - Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a director of the Company in writing, the Company accepts no liability for any failure of the Goods to comply with such criteria, whether attributable to the Company’s negligence or otherwise. The responsibility for ensuring that Goods are sufficient and suitable for a particular purpose is the Customer’s unless specifically stated in writing by a director of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a director of the Company is acted on entirely at the Customer’s risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 11, the liability of the Company to the Customer, should any warranty, statement, advice or recommendation confirmed in accordance with this condition prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Goods or, at the Company’s option, the supply of replacement Goods. - Warranty/Guarantee
The Company will, free of charge, repair or, at the Company’s option, replace Goods which are proved to the reasonable satisfaction of the Company to be damaged or defective due to faulty materials, workmanship or design.
This obligation will not apply:
if the defect arises because the Customer has altered or repaired such Goods without the written consent of the Company;
because the Customer did not follow the manufacturers’ instructions for storage or usage of the Goods;
if the Customer has failed to promptly notify the Company of any defect where the defect should have been reasonably apparent on reasonable inspection; or
if the Customer fails to notify the Company of the defect within 1 month (or such other period as the Company shall specify at the time of acceptance of the order) of the date of despatch of the Goods.
Any replacement made will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Goods. Any Goods which have been replaced will belong to the Company.
The Customer grants to the Company and its employees, agents and representatives a right to enter onto its premises to effect any replacement.
The Company’s sole obligation and liability, should any Goods prove damaged or defective shall be limited to, at the Company’s option, the replacement of the relevant Goods or the refund of the price paid for the relevant Goods.
The Company’s sole obligation and the Customer’s sole remedy for damaged or defective Goods is accepted by the Customer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to the satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) and all such representations, conditions and warranties are excluded. - 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. This can include using a“cookie”. More details on this are at the bottom of the page. - 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: sales@miainternational.co.ke or call us direct and we will be sure to answer any concerns on the matter.
