We are committed to providing all our valued customers with products and services that are of an exceptional quality and adhere to the highest of standards. For more information on this, please see our full exchanges and refunds procedure below.

1. Introduction

1.1. Tourvest Duty Free (UK) Limited (Tourvest) is a company registered in England and Wales with company registration number 05034988 and VAT number 832 756 514 and has its registered
        office at One Crown Square, Church Street East, Woking GU21 6HR, UK ("Tourvest").

1.2. Kenya Airways Plc is a company registered in the Republic of Kenya with company registration number 28/2005 and has its registered office at Kenya Airways Headquarters and Base,
        Airport North Road, Embakasi, P .O. Box 19002 – 00501, Nairobi ("KQ"). 
 
1.3. Tourvest and KQ are hereinafter jointly referred to as ("we", "us", or "our").
 
1.4. Tourvest in conjuction with KQ operates  the www.kqdutyfree.com platform (“KQDutyfree”), the buy before you fly boutique (“KQ Duty Free Shop”) service. Your use of KQDutyfree 
        and the KQ Duty Free Shop” or any service and/or any transactions, orders or interactions that you have with us (collectively referred to as our "Services") are subject to the terms and
        conditions set out below (these "Terms").   Please read these  Terms and Conditions carefully and ensure that you understand them correctly. If you do not agree to be bound by these 
       Terms, or any subsequent modification, do not access, browse or otherwise use the Services. 

1.5. These Terms take effect on their date of publication. 

1.6. You understand, acknowledge and agree that these Terms constitute a legally binding agreement between you and us and by accessing, browsing and/or using the Services in any 
        way, you acknowledge that you have read and agree to be bound by these Terms unconditionally. 

1.7. These Terms contain provisions which limit our exposure to legal liability and make you responsible for a variety of acts. Some of these provisions do have the effect of limiting your 
        rights in law and conferring obligations on you by virtue of your agreement to these Terms and are highlighted for your attention under these Terms. Important clauses, which may limit
        our responsibility or involve some risk for you are reflected in BOLD. You must pay special attention to these clauses. Nothing in these Terms is intended to or must be understood to
        unlawfully restrict, limit or avoid any rights or obligations, as the case may be, created in terms of any applicable law.

1.8. If there is any provision in these Terms that you do not understand, it is your responsibility to ask us to explain it to you before you use, browse or enjoy any of the Services.

1.9. If you have any comments or queries relating to any aspect of the Services, please contact us using the communication channels set out at the end of these Terms in clause 19.
 
2. Pre-purchasing from KQ Duty Free Shop for on-board delivery 
 
2.1. To initiate a purchase request for a product on the Services, either:
        • place an order at our website www.kqdutyfree.com. New customers must register to purchase); or 
        • place an order with a crew member for on-board delivery of the item on the return sector of your journey (available on selected flights only). 
 
2.2. For the purposes of these Terms, a request is an offer to purchase initiated by you which, if accepted by us, becomes a legally binding agreement between you and us.

2.3. No request shall be deemed to be accepted by us unless and until it is confirmed in writing or telephonically by us and payment has been effected in full, with cleared funds having 
       been received by us in terms of your preferred method of payment. We reserve the right to decline or reject any request at our sole and exclusive discretion.

2.4. You are responsible for accurately specifying the terms of your request. If due to any variation in the price of the products, the price of the product is materially different from that 
        set out in your request, we will contact you for clarity prior to processing your order in accordance with these terms.

2.5. Online requests are limited to ten (10) products only. All products are sold for personal use only and not for resale.

2.6. Products are available for pre-purchase and delivery on selected participating flights only.

3. Product availability and descriptions
 
3.1. We take great care in ensuring that all product information and pricing in respect of products and items featured on the Services are accurate. However, our products are continually
        updated and the images, specifications and prices are subject to periodic change. The representation of colours online may also vary from the actual product colours available. Products 
        shown may not be to scale and we are unable to guarantee their size, dimensions or suitability. Products are propped for size and to show their usage. Unless explicitly specified,
        advertising props are not included with the purchase of the product.
 
3.2. All products are subject to availability. In the event that your chosen products or items are not available, we will suspend your request and notify you accordingly. If we have already
       processed your payment, you may choose either a full refund or to receive the products when they become available again unless they are not going to come back into stock, in which case,
       only a refund will be available.
 
3.3. If all or part of your products purchased via the pre-purchase service are not delivered or your order is incomplete then please contact us using the methods shown below in our 
       exchanges and returns section in clause 7 below. We regret that we are unable to exchange or refund pre-purchased items while on board.
 
4. Errors and omissions

We make every effort to ensure that our pricing and product descriptions are accurate. Any typographical, clerical or other error or omission on the Services shall be subject to correction
without any liability to us.

5. Pricing information
 
5.1. Notwithstanding clause 3.3, the price of the products will be the price set out on the www.kqdutyfree.com website (or such price as otherwise notified to you in accordance with 
        these Terms).
 
5.2. We reserve the right to change the prices displayed on the www.kqdutyfree.com website at any time. 
 
5.3. Prices for products on the website are shown in US Dollars (“US$”) and, where applicable, are inclusive of value-added tax (“VAT”).
 
5.4. Card payments will appear on your payment card statement as “Tourvest/KQ Retail”. Transactions will be effected in US Dollars (“US$”) and may be converted by your card issuer into 
        your home currency. We have no control over the rate of exchange used by your card issuer nor do we have any influence on any transaction fee which may be applied by your card 
        issuer in relation to a purchase. Accordingly, you hereby indemnify and hold us harmless against any and all fees, costs, charges and/or losses that may be incurred by you pursuant 
        to a purchase request.
 
6. Card payments
 
6.1.  Acceptable payment channels include:
       • payment by credit card or debit card; or
       • contactless payment methods.
 
6.2 DPO Payment Gateway details include the following;
       
6.2.1 Detailed description of goods and/or services
          Tourvest Holdings t/a Tourvest Retail Services is a business in the travel retail industry that provides travel retail solutions and services.

6.2.2 Delivery policy
          Subject to availability and receipt of payment, requests will be processed within 3 days (72 hours) and delivery confirmed by way of confirmation email(s) and relevant flight
          number(s). 

6.2.3 Export restriction
          The offering on this website is available to Kenyan clients only.

6.2.4 Return and Refunds policy
          The provision of goods and services by Tourvest Retail Services is subject to availability. In cases of unavailability, Tourvest Holdings t/a Tourvest Retail Services will refund the client
           in full within 30 days. Cancellation of orders by the client will attract a possible administration fee. Please refer to Section 7 (Returns & cancellation for further information).

6.2.5 Customer Privacy policy
          Tourvest Retail Services shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal
           information" shall be defined as detailed in the Freedom of Information (FoI). Further information on FOI can be found here.
          

6.2.6.Payment options accepted
          Payment may be made via Visa, MasterCard, Diners or American Express Cards. Tourvest reserves the right to block certain BIN ranges from acquirings banks.

6.2.7 Card acquiring and security
          Card transactions will be acquired for Tourvest Holdings t/a Tourvest Retail Services via PayGate (Pty) Ltd who are the approved payment gateway for all global
          Acquiring Banks. DPO PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no Card details are stored on
          the website. Users may go to www.paygate.co.za to view their security certificate and security policy.

6.2.8 Customer details separate from card details
          Customer details will be stored by Tourvest Holdings t/a Tourvest Retail Services separately from card details which are entered by the client on DPO PayGate’s secure site.
          For more detail on DPO PayGate refer to www.paygate.co.za.

6.2.9 Merchant Outlet country and transaction currency
          The merchant outlet country at the time of presenting payment options to the cardholder is Kenya. Transaction currency is US Dollars, Euros, British Pound, Kenyan Shilling
          and Mpesa.

6.2.10 Responsibility
            Tourvest Holdings t/a Tourvest Retail Services takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website,
            customer service and support, dispute resolution and delivery of goods.

6.2.11 Country of domicile
            This website is governed by global eCommerce laws.  Tourvest Holdings t/a Tourvest Retail Services chooses, as its domicilium citandi et executandi for all purposes under
            this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature, Building No.5 Greenstone Hill Office Park, Emerald Boulevard, Modderfontein, 1609 .

6.2.12 Variation
            Tourvest Holdings t/a Tourvest Retail Services may, in its sole discretion, change this agreement or any part thereof at any time without notice.

6.2.13 Company information
            This website is run by Tourvest Holdings PTY (LTD) based in South Africa trading as t/a Tourvest Retail Services and with registration number 2008/003719/07.

6.2.14  Tourvest Holdings t/a Tourvest Retail Services contact details
            Company Physical Address: Building No.5 Greenstone Hill Office Park, Emerald Boulevard, Modderfontein, 1609 .
            Email:  customer.relations@kenya-airways.com  Telephone: +254 734 104747 or +254 711 024747
 
6.3. When placing an order via the customer services call centre, please note the following:
       • We accept VISA, Mastercard and Amex only;
       • No debit card and internationally a charge card may be interpreted as Debit card
       • By presenting us with a payment card or details thereof, you confirm and warrant that:
          i. your use of the card to pay for products specified in the request is duly authorised; and
          ii. you authorise us to take payment of the full price of the products and all other amounts due, such as delivery charges.
       • We may confirm any such transaction with you telephonically or by email prior to effecting payment but make no warranty or representation that we will do so. 
 
7. Returns and Cancellations 
 
A. Unwanted Products
 
7.1. Subject to clauses 7.5 and 7.8, we will refund or exchange any unwanted products within 28 days of purchase, provided that you notify us of your intention to do so within that time.
       Notification of your intention to cancel should be made to us in a clear statement, either by downloading, completing and returning this Cancellation Form to 
       customer.relations@kenya-airways.com, or by calling +254 734 104747 or +254 711 024747. To meet the cancellation deadline, it is sufficient for you to send your cancellation notice 
       before the cancellation period has lapsed. 
 
B. Defective Products
 
7.2. Subject to clauses 7.5 and 7.8, if the supplied products are defective or are not as described, we will:
 
7.2.1. depending on whether you notify us within 28 days of receipt of the product, offer you the choice between a full refund, repair or replacement; or
 
7.2.2. depending on whether you notify us between 29 days and 6 months of receipt of the product, offer you either a repair or a replacement.
 
7.3. Please note that goods or products shall not be considered defective where a defect is due to ordinary wear and tear, wilful damage or negligence.
 
C. Cancellations
 
7.4. You may cancel your product request for any reason by notifying us in writing at any time prior to receipt of the product. We will then either (i) refund the value of the products 
        to your payment card or, where preferred and possible, (ii) replace the products with alternative products of equal value. This, however, will not apply to products purchased on 
        board; products that have been personalised or customised to your order; products which deteriorate or perish rapidly; and/or products which are sealed for hygiene 
        purposes; (including items of jewellery and earrings).
 
D. For returns and cancellations
 
7.5. For returns and/or cancellations under clauses 7.1 to 7.4 above, we must receive the products back from you:
 
a. within 14 days of your notification;
 
b. with the original receipt or delivery note;
 
c. with a covering letter (specifying your order number, order date, delivery address, contact details, details of the defect (if any) and whether you require a refund/exchange/repair 
    as may be applicable).
 
d. in an unused condition with the original product packaging intact.
 
7.6. We are not liable for returned products that are lost or damaged in transit. Proof of postage does not constitute proof of receipt by or delivery to us. You are obliged to take 
        reasonable care to ensure that the products returned are not damaged in transit, and if appropriate, arrange suitable shipping insurance.
 
7.7. We will, within fourteen (14) days of the products being received by us, refund the value of the product to the same method of payment initially used along with the reasonable 
       costs of delivery of products returned to us in the event of the product being defective due to “out of box failure”, or manufacturing defects.  
 
7.8. We do not offer replacements for defective or unwanted fragrances in the interests of hygiene. You will be issued a full refund instead.
 
7.9. Pre-purchased goods cannot be replaced or exchanged on board a flight and must be returned in accordance with the returns process outlined above in clause 7.5.
 
8. Limitation of liability
 
8.1. Subject to clause 8.2 and to the fullest extent permitted by law, we shall not be liable for any loss or damage, whether by contract, negligence or otherwise, where the loss or 
        damage is an indirect result of any breach of a legal duty of care owed to you by us. To the fullest extent allowed by law, if any of the limitations or exclusions of our liability in these 
        Terms are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will our total cumulative liability to you exceed the amounts paid by you 
         to us in respect of the cause of action under which your applicable claim arose.               
 
8.2. We have the right to suspend or cancel our obligations (without liability to you) in whole or in part if we are delayed or prevented from carrying on our business or any of our 
        obligations under these Terms arising out of circumstances beyond our reasonable control.
 
8.3. You hereby indemnify us against any loss, liability, expense, claim, penalty or damage ("loss"), whether direct, indirect, special or consequential, arising from a breach of a warranty 
        which you gave to us herein.
 
8.4. No third party (apart from any entity within the KQ group of companies, who shall have such benefit and right) shall have the benefit of or the right to enforce these Terms under 
        the applicable law.
 
8.5. These Terms set out the entire agreement and understanding between you and us in connection with the sale of the products. You agree that you have not entered into this 
        agreement in reliance of any representation made by us or on our behalf except insofar as contained in these Terms. To the extent possible, implied terms under the Sale of Goods 
        Act are excluded from these Terms. 
 
9. Warranties
 
9.1. You hereby warrant that you –
 
9.1.1. have full representational and contractual capacity and no court has declared you mentally unfit;
 
9.1.2. have given us the correct information; and
 
9.1.3.   will update all the information provided to us regularly.
 
9.2. You further agree that you will not use the Services to do any of the following –
 
9.2.1. run, rent, lease, loan, or sell access to the Services;
 
9.2.2. decompile or reverse engineer or attempt to access the source code of the software underlying the Services;
 
9.2.3. copy, archive, store, reproduce, rearrange, modify, adapt, download, upload, create derivative works from, display, perform, publish, distribute, redistribute or disseminate 
           any of our intellectual property;
 
9.2.4. abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff 
           and other customers;
 
9.2.5. post a review or rating unless such review or rating contains your independent, honest, genuine opinion;
 
9.2.6. use the Services for any purpose or in any manner that is in violation of national, or international law;
 
9.2.7. publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, incitory, threatening or unlawful materials or information;
 
9.2.8. restrict or inhibit any other customer from using and enjoying the Services;
 
9.2.9. imply or state that any statements you make are endorsed by us, without our prior written consent;
 
9.2.10. reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Services, its servers or any connected 
             networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Services in any manner, or attempt to do any of the
             foregoing;
 
9.2.11. remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us; or
 
9.2.12. mirror or archive any part of the Services or any content or material contained in the Services without our written permission.
 
10. Offers, Promotions and Newsletters
 
10.1. A discount offer provided by us cannot be used in conjunction with any other promotion and/or offer that we may be providing from time to time. 
 
10.2. In the event that you have purchased a product that has been offered during a promotional period and require a replacement of such a product for any reason, such a 
          replacement product will only be of the same type, value and quantity as the product purchased during the promotional period. Should a replacement product not be 
          available for any reason whatsoever, a full refund will be provided by us in accordance with these Terms. 
 
10.3. Any product bought during a promotional period can be delivered upon your next flight which must occur within 90 days of offers being available on the site. For the avoidance 
          of doubt, your flight does not have to take place during the promotion period itself, it must only take place within 90 days of the offer/promotion being made available on the Service.

  
11. Governing law and jurisdiction

These Terms and Conditions shall be subject to the laws of Kenya and the parties agree and hereby assent to the exclusive jurisdiction of the relevant courts within of Kenya.

12. Privacy and data protection

When you place an order on the Services, we may record and/or process your personal data for the purposes of concluding the transaction and for other related purposes as 
communicated to you in our privacy policy (available at [insert URL to privacy policy]). Our privacy policy forms part of these Terms and you must ensure that you have familiarised 
yourself with the provisions of same before using or browsing any of the Services. Your personal data will be used principally to provide you with the products purchased and for the enhancement of our Services to you. Our privacy policy also provides information relating to accessing, requesting and deleting a record of your personal data and includes the contact information of our privacy officer. You may alternatively email KQ.Privacy@kqdutyfree.com for more information.

13. Variation

We reserve the right to vary, amend or change these Terms at any time and for any purpose we deem necessary. We may do this by posting the updated terms and conditions on the www.kqdutyfree.com platform. In the event that you proceed to use the Services after such notification has been posted via the www.kqdutyfree.com platform, you agree that you 
will be deemed to have accepted the amended terms and conditions. It is your responsibility to review these Terms regularly and to ensure that you agree with any amendments to 
these terms. If you do not agree with any amendments to these Terms, you may no longer use the Services.

14. General
 
14.1. You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms to any third party.
 
14.2. If any provision contained in these Terms is declared invalid, the remaining provisions herein will remain in full force and effect.

14.3. Any failure on your or our part to enforce any right in terms hereof shall not constitute a waiver of that right.
 
14.4. Any provision in these Terms which is or may become illegal, invalid or unenforceable shall be ineffective to the extent of such prohibition or unenforceability and shall be 
          treated pro-non-scripto (as if it were not written) and severed from these Terms, without invalidating the remaining provisions of these Terms.
 
15. Set-off

You must pay all amounts due to us under these Terms in full without any set-off, counterclaim, deduction or witholding.

16. Our contact information

If you wish to complain or to reach us for any other reason, please contact our customer care services using the details below:

Last updated: January 2023
Tourvest Duty Free (UK) Ltd t/a Tourvest Retail Services