FYSTAR ONLINE TERMS AND CONDITIONS
Welcome to our online experience with Fystar wine and spirits limited. Please note that your use of the site https://fystarwines.co.ke is subject to the following terms (“terms of service”). If you do not agree with any of these terms of service, do not access or otherwise use this fystarwines.co.ke site or any information, materials contained in it.
Your use of the https://fystarwines.co.ke shall be your consent/ agreement and you personally agree to abide by each of the terms set forth below.
From Time to time, the terms of service at https://fystarwines.co.ke will be updated with or without notice and continued use of the fystarwines.co.ke site indicates acceptance of any modifications to the terms of service.
you agree not to do any of the following while using the fystarwines.co.ke Site: Intentionally or unintentionally, violate any applicable law or regulation.
Access, tamper with or use nonpublic areas of the https://fystarwines.co.ke Site or https://fystarwines.co.ke computer systems. Unauthorized individuals attempting to access or tamper with these areas may be subject to prosecution under Kenyan Statutory Cyber laws.
The Sale of Alcoholic Beverages
Fystar Wines and Spirits Limited does not sell alcohol to persons under the age of 18.
By using this site, you swear and affirm that you are over the age of 18. Fystar Wines and Spirits Limited makes every effort to ensure that alcoholic beverages are not to be delivered to anyone who is under the age of 18.
By using this site, you are acknowledging that the person receiving the parcel of alcoholic beverages from https://fystarwines.co.ke is over the age of 18. If you do not agree with these conditions of use please do not use this site.
If you intentionally or unintentionally misrepresent your age in order to provide alcohol to a person under the age of 18, Fystar Wines and Spirits Limited is at liberty to initiate prosecutorial process fully to the extent allowable by law.
Protection of Content Provided by Fystar Wines and Spirits Limited and Its Licensors All text, graphics, logos, icons, images, audio clips and software on the https://fystarwines.co.ke Site (“Site Content”) are copyrighted materials owned by or licensed to Fystar Wines and Spirits Limited.
The Site Content may contain trademarks, service marks and trade name, which are owned by Fystar Wines and Spirits Limited and its affiliates, and may contain brand and product names, which are trademarks, service marks, or trade names, which are owned by certain third parties.
Any Events described in the Site Content may be subject to other intellectual property rights, the exercise of which rights are expressly reserved by Fystar Wines and Spirits Limited, its affiliates, or third parties. https://fystarwines.co.ke is a trademark of Fystar Wines and Spirits Limited.
Unless authorized in writing by the Board of Fystar Wines and Spirits Limited, https://fystarwines.co.ke trademarks shall not be used;
- In connection with any product or service, that is not Fystar Wines and Spirits Board approved
In any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fystarwines.co.ke.
You may not sell, reproduce, distribute, copy, duplicate, resell, modify, display, publicly perform, prepare derivative works based on, frame, mirror, repost, exploit for any commercial purpose, or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Fystar Wines and Spirits Board of Directors.
You may not use the Site Content on any other web site or in a networked computer environment for any purpose. If you violate any of these terms, your permission to use the Site Content will automatically terminate, you must immediately destroy any copies you have made of the Site Content, and we may end your authorization to use the https://fystarwines.co.ke Site.
Nothing contained in the https://fystarwines.co.ke Site shall be construed as of any license or right under any copyright, trade secret, patent, trademark or other intellectual property rights (“IP Rights”) of https://fystarwines.co.ke, its affiliates, or any third party, and, except as provided in these Terms of Service.
The exercise of all such IP Rights in the services, products, processes or technologies described in the Site Content expressly reserved to Fystar Wines and Spirits Limited, its affiliates, and/or any third party, as applicable.
Copyrights and Designated Agent for Notification of Claims of Infringement
Fystar Wines and Spirits Limited respects the intellectual property of others, and we ask our users to do the same. If you believe that, your work has been copied in a way that constitutes copyright infringement, please provide Fystar Wines and Spirits Limited or Designated Agent providing the following information:
Fystar Wines and Spirits Limited will give you any necessary notices before posting them on the https://fystarwines.co.ke Site. You authorize Fystar Wines and Spirits Limited to send notices via electronic mail as well if Fystar Wines and Spirits Board decides, in its sole discretion, to do so. You agree to check the https://fystarwines.co.ke Site for notices, and that will been considered to have received a notice when it is made available to you by posting on the Fystarwines.co.ke Site.
The use of https://fystarwines.co.ke website is governed by Fystar Wines and Spirits Limited Board of Directors.
These Terms of Service are personal to you and you may not transfer, assign, or delegate these Terms of Service to anyone without the express written permission of Fystar Wines and Spirits Limited Board. Any attempt by you to assign, transfer, or delegate these Terms of Service without the express written permission of Fystar Wines and Spirits Limited Board shall be deemed null and void. If you have any questions about these Terms of Service, please feel free to contact us.
Damaged and Wrong Goods Policy
If your parcel clearly shows signs of damage or leakage at the time of delivery, it should not be accepted. Please ask the courier or delivery assistant to return the goods to us.
We want all our customers to receive their orders in perfect condition so if you think there is a fault with an item you have received, please let us know straight away by contacting us.
We will aim to resolve any issue with a faulty item as quickly as possible but we need you to tell us as soon as you discover the fault so we can resolve the issue for you.
In the very unlikely event of any damage, please contact us. Please include as much information as possible. We may also require photographs of any damage including all the packaging for insurance purposes. Photographs showing the detail of the damage or faulty items. We also need a picture that clearly shows the seal intact on the damaged or broken bottle.
If you have received an incorrect item in your order, let us know straight away by calling us on 0732269269, the call shall be received by our customer service representative. Our customer contact center and Customer Services representatives are available to you from Monday to Sunday (8.30am – 8.30pm), and will be happy to assist you.
In the unlikely event, the goods are misplaced on their way to you, Fystar Wines and Spirit Limited will ensure a replacement is sent directly to you, as soon as possible.
All discrepancies with the contents of your order must be reported to our Customer care Services team on 0732269269 or email us on firstname.lastname@example.org and courtesy copy (Cc) email@example.com within 24 hours of receipt of your order.
Customer Care Service representatives are available Monday-to-Sunday(8.30am – 8.30pm), and will be happy to assist you.
Where a replacement item is not available due to it being discontinued or the original item being a “One Off” we will reimburse your for the full cost of the item only. However, no compensation will be paid.
Fystar Wines and Spirits is not liable for any indirect or consequential loss suffered, whether caused by negligence, breach of contract, misrepresentation or however arising including without limitation loss of profit, loss of goodwill, loss of business opportunity or anticipated savings arising from lost goods or delayed delivery.
Returns & Cancellation
We shall endeavor to ensure that you are 100% happy with your order and it is our aim to ensure that all products supplied to all customers arrive in perfect condition.
You have the right to cancel your order at any time without being charged for the goods ordered within 24HRS of purchase (other than for perishable or personalized products or those products that have been specified as non-returnable).
If you have received your order and are unhappy with any of the products ordered, we will happily refund your money or exchange the products provided that you inform us of your intention to return the products within 24HRS from the date of your order being delivered.
However, we will only reimburse the cost of returning items where they were delivered in error or the items were damaged or defective.
Any products must be returned to us in good condition and in the original packaging. All refunds will be paid within 72 hours of receiving the returned product(s).
Product images on the website are intended for illustrative purposes only and may not be exact representations of the item in stock, particularly for antique and/or discontinued products, which may not be 100% replica Please also be aware that batch numbers, vintages and bottling dates may be subject to change. If this happens, we will do our best to inform you before the item are shipped.
If an item is delivered in a faulty or damaged condition, you have a 24HRS right to reject which begins from the time of arrival (for perishable products, this is limited to the best before date if this is sooner). Please Note
Please Note– Making payment means accepting the delivery. Therefore, it is not possible to open products bearing a manufacturer’s seal, reject and send them back with the same driver (this can only be done before opening the package). Should you wish to return such products, you will have to follow the return process as defined in our return policy.
You are responsible for the cost of returning products to us unless the items being returned were delivered in error or the items were damaged or defective. You are also responsible for insuring all returns as we might claim against you should damages be sustained.
For all returns, please follow the following instructions to ensure that products are received in perfect condition and your returns can be processed quickly:
- Return a copy of your invoice to us with the items that you are returning highlighted. Please note the quantity and reason(s) for return against each item on your invoice.
- Alternatively, you can download, print and complete our returns form and include it in your parcel.
- Please ensure to pack and seal your return securely in the original packaging to prevent possible damage while in transit and include the completed invoice or returns form.
All business customers have a right to cancel a contract (‘Contract’) in which they purchase merchandise (‘Products’) from us or withdraw their offer to purchase the Product(s) as applicable, at any time within 24hrs of purchase (‘The Cancellation Period’) unless the order includes products that have been personalized or that we have specified the products as being non-returnable.
To cancel your order, you must inform us in writing before the expiry of the cancellation period.
If you have already taken delivery of the order, you shall return the product(s) to us within the next 24 hours after cancellation. Unless the items being returned were delivered in error or the items were damaged or defective, you will be liable for the full cost of returning the product(s) and will be responsible for any damage to the product(s) until we acknowledge receipt of the products. As such, you should ensure that the product(s) are adequately insured. You have a legal responsibility to keep the product(s) in your possession and to take reasonable care of the products until you return them to us. Should the product(s) show signs of damage or tampering, we shall have the right to decline return of the goods and shall have a right against you for compensation. We retain the right to arrange for collection of the product(s) at your cost in the event that you have not returned the product(s) within 24hrs days of your notice of cancellation.
We may cancel an order if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made;
CHANGES TO YOUR ORDER
Should you wish to amend your order, you are able to do so if you have not received an email from us confirming that your order has been processed.
To change your order, please refer to the Order-Related Queries in the Help and Support section.
EXCHANGES & RETURNS
We are happy to exchange product(s) for whatever reason as long as we are informed of your intention to return the product(s) within 24hrs of the goods being delivered and where you accept the cost of returning the item. A full refund will only be given where the goods are received in the same condition as when they were shipped by us.
Please note that if you are exchanging a product that is more than the value of the replacement product, we will refund the difference via your original payment method.
If you are exchanging a product that is less than the value of the replacement product, additional payment will be required.
Upon exchanging a product, you will be liable to pay a new shipping and handling charge. Please retain your original invoice as this may be asked for as proof of purchase.
Our standard deliveries are made during normal business hours, Monday to Sunday (seven 7 Days A Week); to ensure prompt delivery; an adult must be present to accept delivery and sign for the parcel.
After processing, (which may be subject to delay if we are out of stock of any items ordered, in which case we will notify you), all orders are dispatched using a 24-hour service to most.
Orders placed after the cut-off time on any working day will be processed and dispatched on the following working day and should arrive on the next day.
While we strive to achieve specified delivery dates given to us, we cannot accept liability for late delivery if caused by circumstances outside of our reasonable control. Where an order is time-critical, we ask that you ensure you place your order in good time to avoid disappointment.
In the unlikely event that a specified delivery date or time is not achieved and the order is delivered later the same day or on the next day,
CLICK & COLLECT
When you come to pick up your order, you must bring your order reference number (printed version/text message/email) as well as proof of ID (acceptable forms of ID include the payment card you used to pay for the order; passport; photo card driving license or national identity card). If you paid with PayPal, you must bring your passport or photo card driving license or national identity card. Please note that you cannot collect your order until we have seen your proof of ID.
PUNCTUALITY OF SERVICE
Please note that we are unable to guarantee the punctuality of service provided by our delivery agents, particularly during spells of difficult weather conditions. If your shipment is delivered unacceptably late after having been collected from us on time by our agent,……………………………… we will try and always use providers who will keep time.
We take pride in packing your order to ensure that it arrives in perfect condition. Unfortunately, there are times when parcels incur damage while in transit. If a parcel shows clear signs of damage or leakage at the time of delivery, we ask that you refuse the parcel. Please ask the courier to return the goods to sender.
We are happy to delivery your order to an address that is different to your normal billing address. To do this, simply enter the desired delivery address during the checkout process.
We can also deliver your order to your place of employment or place of business as long as there is someone who is able to receive and sign for the delivery on your behalf.
Fystar Privacy Statement
Our aim is to protect you and your personal privacy and provide this Privacy Statement in order to help you understand what we may do with any personal information you provide. Provision of personal information will be acknowledged as your acceptance of this Privacy Statement and agreement to our collecting and use / disclosure of your personal information only as described in this Privacy Statement.
If you do not agree to this statement, please do not provide your personal details to us. This Privacy Statement forms part of the Terms and Conditions, which govern your use of the site.
We reserve the right to amend this Privacy Statement from time to time without notice and at our sole discretion. As such, it is your responsibility to review the Privacy Statement at regular intervals.
Legal purchase age
We do not intentionally collect personal information from individuals under the legal drinking age nor do we intentionally market alcoholic beverages to anyone under the legal purchase age. If you are not of legal age to purchase alcohol either in Kenya, you must not provide us with your personal information.
What is personal information?
Personal information is information about an identifiable individual, as defined by applicable law.
Collecting personal information
We only collect and hold personal information provided by you. However, there are instances where we may require that you opt to select whether or not you would like to receive information from us or from trusted third parties e.g. to opt-in or opt-out of receiving special promotional offers.
There are some instances where you will not have the option to opt-out, for example when we are satisfying obligations within a contract, administering a transaction requested by you, or as required by law.
You may also elect to provide us with personal information if, for example, you
- Contact us with an enquiry;
- Register on the site (where applicable);
- Register on the site (where applicable);
- Fill out a survey or other form with your personal information included;
- Request us to provide you with information;
- Enter a competition;
- Take advantage of a promotion.
In providing personal information, you consent to the transfer of such personal information to, and the collection and processing of such information in, other countries or territories. Any such transfer and processing by us will be in accordance with this Privacy Statement.
In addition, when placing an order the cookies will capture your first and last names, your email address and your customer ID. This information is needed in order to make your visit simple and more efficient. Fystar Wines and Spirits Limited will never pass any personal information on to any third party apart from aforementioned ‘service providers’. Unless you check the box, instructing your browser to remember your username and password these cookies will be deleted when you close your browser.
Use of personal information
You authorize us to store and use your personal information in a number of different ways to provide specific services requested by you as well as to provide additional services that may be considered of interest to you. Marketing Communications help us communicate with you about our products and services (and those of our subsidiaries, affiliates, and parent companies and any of their related businesses).
Marketing analysis helps us assess trends or to measure traffic to our websites.
Transactional communications aid us to improve the quality of service in dealing with your queries and requests, updating your account(s) information and to manage transaction specific tasks such as credit card payments for goods or services that you order from us (or our associated companies) or fulfillment of such transactions (e.g. delivery).
Disclosure of personal information
We value your privacy and hereby assure you that we will only share your personal information with ‘service providers’ that provide adequate protection for such information. From time to time, we may disclose personal information to:
- Third parties to whom you have provided your consent or who, in our reasonable judgment, are providing or seeking the information as authorized or appointed legal agent acting on your behalf;
- Carefully selected and vetted third parties (including our affiliates) to send you marketing and promotional information that may be of interest to you.
- A person or entity (including our affiliates) in the event of a sale, merger, consolidation, change in control, transfer of substantial assets, financing, reorganization or liquidation, whereby we transfer, sell, or assign to such third party information concerning your relationship with us
- Law enforcement, governmental or regulatory agencies, or other third party in order to comply with law or where we believe such action is necessary in order to comply with law or detect, protect or defend us and/or other third parties against error, negligence, breach of contract, theft, fraud and other illegal or harmful activity, to comply with our corporate policies, procedures, legal and contractual obligations.
In such circumstances such ‘service providers’ and third parties have agreed not to collect, use or disclose personal information for any purpose other than to perform such functions on our behalf or to provide services to us or as otherwise required by law and will be bound by confidentiality obligations and restrictions on use of personal information.
To keep your personal information secure we have in place appropriate physical, electronic and managerial procedures to safeguard the information you provide. However, we do not have control over the privacy of any communications while in transit to us. As such we ask that you do not include confidential, proprietary or sensitive information in such communications.
Where we believe that the security of your personal information in our possession or under our control may have been compromised, we will endeavor to notify you of such as promptly as possible and, to the extent, we have your e-mail address, we will notify you by e-mail.
We shall take great care to ensure that the information available on this website is correct and error free. In the unlikely event of an error, we apologize for any errors or omissions that we might publish in our websites. We cannot warrant that use of the Websites will be error free or fit for purpose. We will however take our best to correct such errors in a timely and effective manner.
If you have given permission to receive communications about Specialty Drinks Ltd’s brands generally through opting to receive news by email you may from time to time receive communications about brands to which you have not opted-in specifically. We will only communicate with you about those brands that we think may be of particular interest to you and all such communications will provide you with the opportunity to opt-out from receiving such communications. If you have any privacy-related questions, concerns or complaints, please contact:
Fystar Wines and Spirit Ltd
Umoja 1 Inner core
Opposite Sango Stage.
- O. Box 7215-00300 NRB, KENYA