GENERAL TERMS AND CONDITIONS

TERMS OF WEBSITE

These General Terms and Conditions are applicable to all users of the website: www.finespiritsretail.com (the website) which is owned by East India Retailing (Private) Limited (EIR) (the Company)

The Company does not sell alcohol to persons under the age of 21. By agreeing to these terms and conditions you are representing that you are at the age of 21 & above. The Company makes every effort to ensure that alcoholic beverages are not sold to anyone who is under the age of 21.

By using this website you are representing that you are at the age of 21 & above. You also agree that any alcohol purchased from the Company is intended for personal consumption and not for resale, and that the Company or this site will not be used for any illegal or unauthorized purpose by you. In accordance with currently applicable regulations, transportation and possession of local liquor and foreign liquor in Sri Lanka are permitted without a specific license obtained for these purposes, in the following quantities:

Local Liquor – up to 7.5 Liters

Foreign Liquor – up to 80 Liters

Invoicing will be done in a licensed premise only on Excise working days, and current mandated excise hours between 9AM – 9PM

If you do not agree with these conditions of use, please do not use this website or accept these conditions.

GENERAL CONDITIONS

The Company at all the times has the right to refuse service to anyone without specifying any reason.

You understand that any content (except credit card information) created by you or on your behalf on this website, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You may not reproduce, duplicate, copy, sell, resell or exploit any portion of the website without express written permission by us.

You consent to receive electronic communications and you agree that all agreements, notices, disclosure, and other communications that we may provide electronically via email, website, and other platforms thereof satisfy any legal requirement that such communications be in writing.

LEGAL OWNERSIHP

INFORMATION ON THE SITE

The Company does not take any responsibility for the accuracy of the information on the site while taking every effort to make sure the information available on the site is accurate, complete and current. Any reliance on the material on this site is at your own risk. The Company at all times has the right to modify the contents of this site, but we are not obliged to update any information on our site. You agree that you will be responsible to monitor changes to our site.

PRODUCTS AND PRICES

Our Products’ prices or all descriptions of products are subject to change at any time without notice, at the sole discretion of the Company.

The Company at all times reserves its right to modify or discontinue any products (or any part or content thereof) without notice at any time.

We always make attempts to ensure the display of the colors and images of our products that appear at the store as accurately as possible. Yet, we cannot guarantee the accuracy of colors of your computer monitor’s display.

The Company at its sole discretion further reserves the right to limit the sales of our products or services and quantities of any products to consumers, on a case-by-case basis.

While we take every attempt to ensure the quality of any products, services, information, or other material purchased or obtained by you, will meet your expectations, we do not warrant that it will meet your expectations.

BILLING AND ACCOUNT INFORMATION

The Company reserves its right to refuse any order you place with us and at our sole discretion to limit or cancel quantities purchased per person, per household or per order. In case of any change or cancellation of an order, we take reasonable steps to notify you by e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store and to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Mention the return policy

RESPONSIBILITY OVER THIRD-PARTY LINKS

We shall not be liable or responsible for any third-party inks, materials or websites, or for any other materials, products, or services of third-parties on this site.

Any concerns or questions regarding third-party products should be directed to the third-party.

COMMENTS, FEEDBACK AND OTHER SUBMISSIONS OF USERS

You consent for our restriction, edit, copy, publish, distribute, translate and otherwise use at any time in any medium any comments that you forward to us with or without our request. You agree that we are not liable in any manner for compensation, to maintain the confidentiality or to respond to such comments.

Any content which is determined by us at our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions may be monitored or removed by us. Yet, we do not undertake any obligation to do so.

PERSONAL INFORMATION

Privacy Policy

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You. We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Privacy Policy:

• Account means a unique account created for You to access our Service or parts of our Service.
• Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to East India Retailing (Private) Limited, 353 Union Place Colombo 02.
• Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.
• Country refers to: Sri Lanka
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Personal Data is any information that relates to an identified or identifiable individual.
• Service refers to the Website.
• Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.
• Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
• Website refers to Fine Spirits Retail, accessible from https://www.finespiritsretail.com/
• You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data

Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

• Email address
• First name and last name
• Phone number
• Address, State, Province, ZIP/Postal code, City
• Usage Data

Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

• Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
• Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
• Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies here: All About Cookies by TermsFeed.

We use both Session and Persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies
• Type: Session Cookies
• Administered by: Us
• Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.
• Cookies Policy / Notice Acceptance Cookies
• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies identify if users have accepted the use of cookies on the Website.
• Functionality Cookies
• Type: Persistent Cookies
• Administered by: Us
• Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.
• For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data

• The Company may use Personal Data for the following purposes:
• To provide and maintain our Service, including to monitor the usage of our Service.
• To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.
• For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.
• To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
• To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.
• To manage Your requests: To attend and manage Your requests to Us.
• For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.
• For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.
• We may share Your personal information in the following situations:
• With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
• For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
• With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
• With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
• With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
• With Your consent: We may disclose Your personal information for any other purpose with Your consent.

Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation
• Protect and defend the rights or property of the Company
• Prevent or investigate possible wrongdoing in connection with the Service
• Protect the personal safety of Users of the Service or the public
• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, You can contact us:

By email: [email protected]

ERRORS, INACCURACIES AND OMISSIONS

The Company reserves its right to correct any typographical errors, inaccuracies or omissions, related to product descriptions/pricing/product shipping charges, transit times and availability, in case, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (after submission of your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website unless it is required by law.

REFUNDS POLICY

Our returns & refunds policy is limited only to orders wrongly dispatched, damaged products, and missing goods, as such it is imperative that you inspect the goods before accepting the package.

While we hope you to have the perfect shopping experience, we want to ensure the it is easy and painless for you to communicate with us in case of any issues.

IN CASE OF ORDERS WRONGLY Packed

1. Inspect the goods.
2. Inform the representative at point of collection of goods.
3. Return goods wrongly packed.
4. Once we receive the wrongly packed goods, we will work with you for a replacement.

IN CASE OF DAMAGED PRODUCTS

1. Inspect the goods.
2. Inform the representative at the point of collection
3. Once we receive the damaged goods, we will work with you for a replacement.

IN CASE OF MISSING ITEMS

1. Inspect the goods.
2. Inform the representative at the point of collection
3. We will work with you for a replacement.

You may reach out to us on [email protected] or call us on +94 112 303 273

Please note that if you have not followed the above steps, our returns & refunds policy is deemed null and void.

WARRANTIES; LIMITATION OF LIABILITY

It is hereby expressly agreed by you, that your use of, or inability to use, the website is at your sole risk. The website and all products and services obtained by you through the website are (unless it is expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

The Company, Fine Spirits, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fine Spirits, East India Retailing (Private) Limited and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event any provision of these Terms and Conditions is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

GOVERNING LAW

These Terms and Conditions and any other agreements for the purpose of providing our services shall be governed by and construed in accordance with the laws of Sri Lanka.

CHANGES TO TERMS AND CONDITIONS

The Most current version of the Terms and Conditions can be reviewed at any time at this page and our right to update, change or replace any part of these Terms and Conditions is reserved by posting updates and changes to our website. Checking our website periodically for changes is your responsibility. If you continue use or access to our website or the Service following the posting of any changes to these Terms and Conditions, it shall constitute acceptance of those changes.