Terms and Conditions of 1000Hills This Agreement is a contract between the customer ("You") and DiOmni BV, Schaepmanhoeve 51, Waddinxveen, 2743JT The Netherlands (“Hereinafter “1000Hills”), All orders are processed and distributed by East African Beverages Ltd. (Rwanda) Located at KK30 Plot 3056, Kigali, Rwanda. Purchases of alcohol products made through 1000Hills.com are made under: The Rwanda Standards Board: Standards Gin: RS EAS 145 Whisky: RS EAS 141 Vodka: RS EAS 142 Rum: RS EAS 146 Persons under 18 years of age are not permitted to place orders for alcohol. 1000Hills supports the responsible service of alcohol. The terms and conditions under which You may purchase products from 1000Hills are set out below. Please read the following terms and conditions carefully before placing your order with 1000Hills. By completing the customer application process and using the 1000Hills service, You acknowledge that you have read and understood these terms and conditions and agree to be bound by the terms and conditions of this Agreement. 1. Interpretation In these Conditions: • "Agreement" means an agreement between You and 1000Hills to supply Goods. The Agreement consists of the Order and these Conditions. • "Click & Collect" is the online order and physical collection system operated in by 1000Hills. • "Conditions" means these Conditions and any agreed written variations. • "Delivery Address" means the address to which the Goods are to be delivered as stated on the Order. • "Delivery Cost" means the amount payable to 1000Hills in respect of delivery of the Goods and handling costs associated with processing your Order as advised by 1000Hills from time to time. • "Goods" means Goods described in an Order and includes packaging. • "Intellectual Property Rights" includes all rights in respect of copyright, trade marks, patents, designs, protection of confidential information, circuit layouts, and any other intellectual or industrial property rights whether arising under statute or otherwise. • "Licensed Premises" means licensed premises of Business • "Order" means an order by You to purchase Goods from 1000Hills. • "Personal Details" includes, but is not limited to Your name, Delivery Address and payment details. 2. The Agreement 2.1 What is the Agreement? The entire Agreement between You and 1000Hills for the purchase of Goods by You from 1000Hills is: (a) these Conditions; and (b) the terms of the Order. 2.2 When the Agreement is formed The Agreement exists between You and 1000Hills once 1000Hills receives and accepts an order at its Licensed Premises. No obligation to sell or supply the Goods will arise until the Order is received and accepted at Licensed Premises. Each order may be accepted by 1000Hills in its absolute discretion and 1000Hills expressly reserves the right to limit sales to reasonable quantities as determined in 1000Hillss sole discretion. 1000Hills is authorised to unconditionally appropriate the liquor to the Order at the Licensed Premises on acceptance of the Order. Each Order is a separate agreement. 2.3 Set-Off If You owe money to 1000Hills under one agreement, 1000Hills may set-off that money against any money that You owe to 1000Hills under another agreement. If 1000Hills owes money to You under one agreement 1000Hills may set-off that money against any money that it owes You under another agreement. 3. Purchase orders & delivery of Goods 3.1 Delivery area In order to purchase Goods from 1000Hills, the Delivery Address which You nominate will need to be within a location where 1000Hills provides delivery services. 1000Hills will advise You if the Delivery Address which You nominate ceases to be in an area where 1000Hills delivers Goods. 1000Hills will not be obliged to continue to deliver Goods to You if You change Your Delivery Address and the new Delivery Address which You nominate is not in an area within which 1000Hills delivers goods. 3.2 Orders You will place an Order with 1stchoice by: (a) selecting Goods and instructing 1000Hills by telephone that you wish to purchase the Goods, and providing your Personal Details to 1000Hills, or (b) selecting Goods and instructing 1000Hills by email that you wish to purchase the Goods, and providing your Personal Details to 1000Hills. 3.3 Authorised receipt of Goods Anyone at the Delivery Address who receives the Goods shall be presumed by 1000Hills or its agents to be authorised to receive the Goods on Your behalf. 1000Hills may request that the person who receives the Goods at the Delivery Address provide satisfactory evidence of proof of age. 1000Hills will refuse to deliver the Goods if the person receiving the Goods is unable or unwilling to provide evidence of proof of age. The Goods will not be delivered to persons under the age of eighteen (18) years or to persons who fail to provide proof of age satisfactory to 1000Hills that the person is aged eighteen (18) years or over. 3.4 Delivery Requirements 1000Hills is required by law to give written instructions to the person responsible for delivery of the liquor, requiring that the liquor be delivered: (a) to the adult person who placed the order, or (b) to another adult person at those premises who undertakes to accept it on Your behalf, or (c) if delivery takes place on a day following the placing of an order, in accordance with the customer's instructions but always to a person over the age of 18 years. 3.5 Click & Collect Click & Collect is currently only available from 1000Hills outlets within Rwanda. Collection of Click & Collect orders is only available during store opening hours. Orders not collected may incur a cancellation fee. Limits apply to click & collect orders, please call us for orders bigger than 5 cartons and we can help facilitate your purchase. 3.6 Delivery By selecting the delivery option, You acknowledge the option: 1. is only available for Orders: - for delivery to a Delivery Address within a Kigali, Rwanda. 2. is subject to a non-refundable Delivery Cost at the time the Order is placed. You acknowledge that the Delivery Cost will still apply in the event you cancel the Order; and 3. requires the Goods to be received at the Delivery Address by a person over eighteen (18) years and not delivered to any other location. The following limits apply to the delivery option: 10 Cartons (120 Bottles) 4. Returns, Refunds, Risk & title 4.1 Risk and Title Risk and title in the Goods passes to You upon delivery of the Goods to the Delivery Address or the Click & Collect store. 4.2 Returns or Refunds For all returns and refunds you must provide evidence of purchase. A receipt must be provided to refund the item(s) Items must be refunded using the same method of payment as the original transaction • Items are refunded at the price of purchase • Items must be returned within 14 days reception of goods purchased • Items must be unopened • The items must be in re-saleable condition e.g. no damaged cartons/bottles/cans • If cartons were purchased, they must be returned as full cartons 4.2.1 In store purchases If at any time You are not satisfied with the quality of the Goods You have purchased, You may contact the 1000Hills customer service centre at Service@1000Hills.com and a customer service representative will assess Your request for a credit or refund of the purchase price. Goods may be accepted for return in 1000Hills's absolute discretion. No Goods will be acceptable for return unless they are in a saleable condition. 1000Hills may only accept returns of complete cartons of beer and pre-mixed drinks. Food items cannot be returned. 4.2.2 Online and phone orders Money Back Guarantee - we’re confident that our products represent excellent value for money, and we’re proud to guarantee every product you buy. If you’re not satisfied with a purchase you’ve made online, just email us at Service@1000Hills.com. We will then organise to pick up the stock and deliver replacement stock or refund. 5. Price of Goods & payment 5.1 Price of Goods & payment Subject to clauses 5.2 and 6.2 the price You shall pay for the Goods shall be the price specified on the 1000Hills.com website (if any) or advised by 1000Hills at the time of your Order. You also agree to pay the Delivery Cost (when applicable) in respect of each Order and all taxes, including goods and services tax, which 1000Hills is required to collect from you. 5.2 Variation 1000Hills's prices are subject to variation without notice. The price payable for the Goods will be the price current at the time 1000Hills confirms the availability of the Goods. We endeavour to ensure all prices displayed are correct but occasionally an error may occur. If we discover a pricing error we will notify you and you may elect to not purchase any Good/s where the price has been corrected. 5.3 Method of payment (a) Payment upon Placement of Order You shall pay for the Goods at the time of purchase or when your Order is despatched. You may use your credit card (MasterCard, Visa, American Express, Diners) Cheques may be accepted at 1000Hills's discretion. 1000Hills will accept cash payment for the Goods only when your Order is placed and approved by 1000Hillls. 5.4 Variation ‘Bundle Buy’ Save Value is based on regular shelf prices of individual bottles. 6. Out of stocks & substitution 6.1 No rainchecks 1000Hills will not provide rainchecks in respect of Goods ordered by You. 6.2 Substitution policy 1000Hills will use its best endeavours to ensure that all Goods ordered by You are supplied to You. In the event of stock shortages of the goods ordered by You, or if a vintage is not available we may substitute products of equal or greater value. 7. Packaging & labelling of goods 1000Hills aims to ensure all pictures of Goods on the 1000Hills website are up to date, however pictures are for illustrative purposes only. 1000Hills does not warrant the accuracy of information contained on the 1000Hills website and recommends that You read the label on Goods carefully before consuming the Goods. 8. Licence You are licensed to access the 1000Hills website on your computer for personal, non-commercial use . You acknowledge that you are not permitted to make any other use of the 1000Hills website unless given prior written authorisation by 1000Hills. 9. Intellectual Property rights 9.1 You acknowledge that 1000Hills or its related corporations own or are licensed to use all Intellectual Property Rights in the 1000Hills website (including, but not limited to, any images, photographs or text which appears on the website). You agree that You will make no representation to the contrary, and that You must not use or copy the 1000Hills website in any manner which is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. 9.2 You acknowledge that any trade marks or logos which appear on the 1000Hills website are owned by or licensed to 1000Hills or its related corporations, and that You must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos. 10. Liability 10.1 You acknowledge that 1000Hills service is provided "AS IS" and that 1000Hills is not making and has not made any warranty or representation as to the Goods or 1000Hills's suitability for any particular purpose other than the mandatory statutory warranties. To the maximum extent permitted by law, all other warranties and representations are excluded. 10.2 To the extent permitted by law, You agree that any liability of 1000Hills arising out of or in connection with any breach of any express or implied warranty or condition in respect of goods or services supplied to You through use of 1000Hills will be limited to: (a) if the condition relates to goods, the replacement of the goods or the supply of equivalent goods, and (b) if the condition relates to services, the supplying of the services again or the payment of the cost of having the services supplied again. 10.3 You accept all risk arising out of the installation, downloading, use or performance of the 1000Hills website and any computer program that forms part of it.To the maximum extent permitted by law, You release and discharge 1000Hills 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 or 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 your use of the 1000Hills website or this Agreement, including, without limitation, loss or damage caused by the negligence of 1000Hills or its related corporations. 11. Security If you are issued with a PIN or password by 1000Hills you agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and indemnify 1000Hills in relation to any liability arising out of the unauthorised use of your PIN or password. On occasion for your own security, we may require a few additional details to fulfil your order. 12. Terms and Conditions of 1000Hills.com 12.1 Online registration We derive Our information from sources which we believe to be accurate and up to date at the time of publication. All information provided on the Website is provided in good faith. However, aside from our obligations under the Australian Consumer Law, We do not make any representation or warranty that the information provided is timely, reliable, accurate or complete; and will not be liable for any claim or loss resulting from any action taken, or reliance made by you on any information, material or advice provided on the Website, or for any incorrect information provided on the Website. We reserve the right to change, update or terminate the Website and Content or any part of them at any time in Our absolute discretion, without notice or liability to you. Any change or modification to the Website or these Website Terms is effective immediately upon them being posted on the Website. If any such change or modification is unacceptable to you, do not use the Website. If following any such change or modification you continue to use the Website or Content, you will be deemed to have accepted those changes or modifications. You acknowledge that any trade marks or logos which appear on the 1000Hills website are owned by or licensed to 1000Hills or its related corporations, and that You must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos. 12.2 Disclaimer All information, advice or other data on the Website is provided as general information only and should not be relied upon. Subject to our obligations under the Australian Consumer Law, We make no representation and give no warranty or undertaking (express or implied) as to the timeliness, accuracy, completeness, effectiveness or reliability of the Website or its Content for any particular purpose. Subject to our obligations under the Australian Consumer Law, We will not be responsible or liable for any loss, damage, injury or other claim or outcome arising from your reliance upon the Website, or the Website’s inability to meet your needs. We have no control over and are not responsible for the content of any third-party websites linked to or framed within the Website, or any third-party advertisements and We expressly disclaim (and do not endorse or verify) the accuracy or reliability of the content on any such third-party websites. Those links are provided for your convenience only and may not remain current or be maintained. Website links on this Website should not be construed as an endorsement, approval or recommendation by Us of the linked website or its content. We are not responsible for the content or privacy practices associated with linked websites. When viewing a third party website, you should read the terms, conditions and privacy statements detailed on that website. Your use of or reliance upon such third-party websites is at your own risk. You must ensure that your access to the Website is not illegal or prohibited by laws which apply to you. Your use of and any reliance you place upon the Website and its Content are entirely at your own risk. When using the Website, information will be transmitted over a medium which, in many cases, is beyond Our jurisdiction and control and that of Our suppliers. Information and files available from the Website cannot be guaranteed to be secure, free from computer viruses or other faults or defects and you should scan and check such data accordingly. We do not warrant and cannot ensure the security of any information you may transmit to Us. We will not be responsible for any delay, failure, interruption, or corruption of any data or other information transmitted in connection with your use of the Website, which is beyond Our control. For the avoidance of doubt, We do not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of the Website or any linked website. 12.3 Liability To the fullest extent permitted by law and without limiting any rights available under the Australian Consumer Law: All conditions and warranties concerning the Website and the Content (whether as to quality, outcome, fitness, care, skill or otherwise) expressed or implied by statute, common law, equity, trade, custom or usage or otherwise are expressly excluded; In no event will We (or Our officers, employees, agents, contractors, licensors, suppliers, or any other third parties mentioned on the Website) be liable for any loss, costs or damages (including, without limitation, economic or consequential loss, lost profits or special damages) resulting from your use of or inability to use the Website or the Content; - We are not liable to you or to any third party for any personal injury, including death, caused by access to, use or misuse of the Website, the Content or the Services; - any claims arising in connection with your use of the Website, the Content or the Services must be brought within one (1) year of the date of the event giving rise to such action occurred; and - remedies under these Website Terms are exclusive and are limited to those expressly provided for in these Website Terms. 12.4 Security If you are issued with a PIN or password by 1000Hills You agree to take responsibility for the safekeeping of your PIN or password. You are liable if an unauthorised person uses your PIN or password. You agree to release and indemnify 1000Hills in relation to any liability arising out of the unauthorised use of your PIN or password. 1000Hills is committed to complying with the Privacy and applicable legislation. This privacy policy covers all personal information we hold, that is, information, or an opinion, about an individual, whose identity is apparent, or can be reasonably ascertained, from that information or opinion. This includes information we have collected from people through our stores, over the phone through our customer service centres and over the Internet. 12.5 Personal Information and 1000Hills.com We do collect personal information when you visit our website when you log in, place an order, create an account, submit an enquiry using the Contact Us form or submit a product review. When you place an order you will be asked to log in and we will ask you for the following personal information: your name, date of birth, email, mailing address, delivery address and any special delivery instructions and phone number. Information from the Checkout is provided to our delivery agents so we can send you your order. We may also need to provide your details to data maintenance providers and call centres. As we sell alcohol we are required to collect your date of birth details to verify that you are over 18 years of age. When you create Your Account on our website, we will ask you your name, email, address details, phone number and date of birth and will ask you to nominate a password. From time to time, we advise customers and those registered with us of upcoming offers and special promotions via email. If you do not wish to receive these offers click the unsubscribe link in your next email. When you submit an enquiry via our Contact Us page or questions via email we will request your name and email. We use this information solely to respond to your enquiries. When you enter a contest or other promotional feature, we may ask for your name, address, and email so we can administer the contest and notify winners. We may also require that your name be published in the event that you win a contest. We may ask for other information to enable us to improve our website or to send you special offers. We do not sell, rent or barter any identifiable personal information to any third party without your permission. We will often need to provide your personal information to third parties who assist us in delivering products and services including delivery companies, call centres, mail houses and information technology service providers. Where your personal information is disclosed to these third parties, we will ensure that they undertake to protect your privacy and will only authorise them to use your personal information for the purpose that we supplied it to them. As some of our information technology service providers are located overseas, personal information collected and held by us may be transferred overseas. Our website contains links to other websites. 1000Hills.com is not responsible for the privacy practices or the content of other websites. We track our customers movement around the website for our own website research and improvement purposes only. No other personal details are collected from this research. We do not currently nor do we plan to draw any conclusions from these statistics or attempt to create customer profiles. If you have any questions about this privacy statement, or the content or practices of our website, you can contact 1000Hills.com 13. Notification of changes 1000Hills may add to, delete, or otherwise change any of the terms of this Agreement. 1000Hills will notify You of any substantial changes to these terms & conditions as provided in clause 15. Your use of the 1000Hills service after notice will constitute your deemed acceptance of such changes. 14. Privacy Please refer to the 1000Hills Privacy and Security Statement. 15. Termination 1000Hills may terminate this Agreement at any time by delivering notice (as specified in clause 15) or by sending You a system message advising that Your shopping privileges have been removed. If this occurs, please contact the 1000Hills customer service at Service@1000Hills.com. Termination of this Agreement shall be effective the day notice is received or such later date as specified in the notice. 16. Notices 1000Hills may give notice to You by electronic mail or by regular mail to your address contained in the membership registration information provided by You. 17. Miscellaneous 20.1 Provisions are severable Each provision of this Agreement (including these Conditions) are severable. Severance does not affect any other provisions. 20.2 Dutch law applies The laws of the Netherlands govern this Agreement.