Terms & Conditions

  • We do not take alcohol delivery orders nor deliver alcoholic products to persons under the age of 21.
  • Any order shall be deemed as confirmed when placed through call or sms to our provided contact lines and the preferred delivery location clearly identified.
  • An order can only be revoked 30 minutes after confirmation. Cancellation of an order can only be done through the same means that it was confirmed.
  • Harmony Wines and Spirits reserves the right to accept or revoke any order placed.
  • Harmony Wines and Spirits reserves the right to review prices without any due notice.
  • The confirmed order will remain the property of Harmony Wines and Spirits until fully paid for.

Part A – Terms of Use for Website

These terms of use (Terms) govern your use of www.harmonyafrica.co.ke and all related sites, (Website) 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 Harmony Africa Investment Ltd with the principal place of business at Lower Bedi Road, Nakuru.

2. Use of Website

You may only use the Website and the Content on the Website for personal, non-commercial purposes unless Harmony Africa Investment Ltd 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 Harmony Africa Investment Ltd or any third party and,
  • Use the Website in any way that otherwise breaches these Terms.

In addition to these Terms, the Harmony Africa Investment Ltd 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 contains links to other web sites controlled by third parties (Third Party Websites). Harmony Africa Investment Ltd 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. Harmony Africa Investment Ltd 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.

4. Product Reviews

The Website may allow you to provide personal comments on selected products. In doing so:

  • Your comments must reflect your genuinely held opinion of the product.
  • Your comments must not be obscene, abusive, illegal, threatening, defamatory, objectionable, invasive of privacy, injurious to third parties or be misleading as to the origin of the content.
  • Your comments must not infringe the intellectual property rights of a third party.
  • You must not use a false email address or impersonate any person or entity; and
  • You acknowledge that we may remove or edit your comments.

If you provide comment on a product, you grant Harmony Africa Investment Ltd and relevant third parties the right to use and display your comments for any purpose in relation to the product throughout the world.

5. Intellectual Property

All Content on the Website is owned, controlled by, or licensed to Harmony Africa Investment Ltd. Except for viewing the Content for your own personal non-commercial use, Harmony Africa Investment Ltd does not grant you any rights to use the Website or Content for any other purpose unless it expressly consents in writing.

6. Limitation of Liability

First Choice does not warrant or guarantee:

  • The accuracy or completeness of any information available on the Website;.
  • That access to the Website will be uninterrupted or error free.
  • That any defects will be corrected immediately; or.
  • that the Website will be free from viruses or other contamination

Except where prohibited by law, Harmony Africa Investment Ltd will not be liable to you for any loss, damage, liabilities or claims and expenses that you may suffer due to use of the Website, including use of any information on it. You use the internet and the Website at your own risk. Nothing in these Terms limits your rights under Kenya n Consumer Law.

7. Termination of Use

You may stop using the Website at any time for any reason.

Harmony Africa Investment Ltd reserves the right in its absolute discretion to suspend or terminate at any time the access to the Website of any user without notice for any reason, including but not limited to a breach of these Terms. The suspension or termination shall not affect either party’s rights or liabilities.

Harmony Africa Investment Ltd may disclose any information we may have about a user in relation to an investigation or allegation that your use of the Website is in breach of these Terms, or is in breach of law or other regulation. Harmony Africa Investment Ltd reserves its right to identify or bring legal action against any person who is breaching these Terms, including obtaining injunctive relief..

8. Variation to Terms

Harmony Africa Investment Ltd may vary these Terms at any time, and by continuing to use the Website you consent to any variations. Harmony Africa Investment Ltd will not notify you of these variations and it is your responsibility to regularly check these Terms for any variations.

9. Governing Law

These Terms are governed by the laws of Kenya , and any dispute in relation to these Terms or your access or use of the Website will be the exclusive jurisdiction of the Courts of Kenya.

10. Miscellaneous

If any of these Terms are unenforceable or held to be invalid, the offending provision/s will be removed from these Terms and the amended Terms will remain in force.

Any failure by Harmony Africa Investment Ltd to act or enforce these Terms immediately will not be considered a waiver of Harmony Africa Investment Ltd.’s right to take any such action.



Part B – Customer Agreement

This Agreement is a contract between you and ___________________________ (Kenya) (Harmony Africa Investment Ltd) trading as Harmony Africa Investment Ltd. It sets out how you can purchase goods online from Harmony Africa Investment Ltd. By completing the customer application process and purchasing goods online from Harmony Africa Investment Ltd, you are bound by this Agreement.

All online orders of liquor from Harmony Africa Investment Ltd are processed and distributed by Harmony Africa Investment Ltd in accordance with the licences outlined.

1. INTERPRETATION

In these Terms:

Agreement is an agreement between you and Harmony Africa Investment Ltd to supply the Goods, and consists of the Order and these Terms,

Click & Collect Collection Point is the Harmony Africa Investment Ltd outlet selected by you to collect the Goods consistent with your Click & Collect Order. Click & Collect facilities are available from selected locations throughout Kenya,

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 Harmony Africa Investment Ltd for delivery of the Goods to your Delivery Address and handling and other costs associated with processing your Order, including but not limited to a Click & Collect Order. Fees and conditions may vary depending on your location and the delivery option you select.

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 Harmony Africa Investment Ltd and includes any order made using the Website, by telephone to Harmony Africa Investment Ltd or any Click & Collect Order,

Personal Details includes your name, the Delivery Address 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

2. THE AGREEMENT

An Agreement exists between you and Harmony Africa Investment Ltd once Harmony Africa Investment Ltd receives and accepts an Order at the relevant Licensed Premises, and Harmony Africa Investment Ltd has no obligation to supply the Goods until the Order has been accepted. Each Order may be accepted by Harmony Africa Investment Ltd at its absolute discretion and Harmony Africa Investment Ltd expressly reserves the right to limit sales to reasonable quantities as determined at the sole discretion of Harmony Africa Investment Ltd. Each Order generates a separate Agreement. 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. You must inform Harmony Africa Investment Ltd if there’s a change to your details.

Delivery area: Orders for delivery to addresses that are not in the Harmony Africa Investment Ltd delivery area cannot be processed. We’ll let you know if your Delivery Address is not in an area where Harmony Africa Investment Ltd delivers Goods for any delivery option.

Contact.
Queries regarding privacy should be directed to the Harmony Africa Investment Ltd Privacy Officer:
Phone: +254723363839
Email: info@harmonyafrica.co.ke