Terms & Conditions
FREE STANDARD DELIVERY WITH THE CODE 'HOME20'
*This Clos19 code can only be redeemed at www.clos19.com/en-de valid from 09/04/2020 until 14:00 on 23/04/2020. No minimum spend required. Cannot be used in conjunction with any other offer or code. To redeem this offer, please enter your code in the Clos19 Code box at checkout and click 'Apply'. Please drink responsibly.
15% OFF ON ORDERS ABOVE 100€ WITH THE CODE 'CELLAR15'
*This Clos19 code can only be redeemed at www.clos19.com/en-de valid from 17/03/2020 until 14:00 on 27/04/2020. Cannot be used in conjunction with any other offer or code. The code can only be used for orders of 100€ or more on any product(s) (except Krug, Dom Perignon, Ruinart Blanc de Blancs, Château d'Yquem, Château Cheval Blanc, Ardbeg Five Years Old Wee Beastie and Experiences). The minimum spend does not include delivery costs. To redeem this offer, please enter your code in the Clos19 Code box at checkout and click 'Apply'. Please drink responsibly.
*The Clos19 code of the campaign „Good vibes only“ can only be redeemed at www.clos19.com/en-de valid from 17/03/2020 until 23:59 on 31/12/2020. Cannot be used in conjunction with any other offer or code. The code can only be used for orders of 100€ or more on any product(s) (except Krug, Dom Perignon, Ruinart Blanc de Blancs, Ardbeg Five Years Old Wee Beastie and Experiences). The minimum spend does not include delivery costs. To redeem this offer, please enter your code in the Clos19 Code box at checkout and click 'Apply'. The 20€ voucher can only be used at the bar named in the code and will not be valid in any other location. Please drink responsibly.
Version dated 15.10.2018
These Terms and Conditions of Sale (“Terms and Conditions”) apply when you order products or make bookings through this website ("Site"). The Site is operated by Moët Hennessy Germany GmbH. Moët Hennessy Germany GmbH (“MH Germany”, "we" or "us ") is a company incorporated in Germany under company number HRB 42106. Our registered office is at Seidlstraße 23, 80335 München and our registered VAT number is DE 129418777.
- Section B of these Terms and Conditions contains the terms that apply to any orders for products that you place through the Site ("Product Terms").
- Section C of these Terms and Conditions contains the terms that apply if you book tickets through the Site to attend and/or participate in a ticketed event, tour, tasting, class or other experience ("Experience Terms"). (Please note if your experience is provided by a third party, that third party's terms will also apply to your experience as described in more detail in the Experience Terms)
- Section D of these Terms and Conditions contains the additional terms that apply if you purchase a gift card or egift card through the Site or wish to use a gift card or egift card to purchase eligible products and/or experiences through the Site ("Gift Card Terms").
- Section E of these Terms and Conditions contains general provisions that apply to any and all products you order or bookings you make through the Site.
Please read these Terms and Conditions carefully before you place an order or make a booking.
We may modify these Terms and Conditions from time to time.
We recommend that you print a copy of these Terms and Conditions for future reference.
Our Privacy & Cookies Notice which explains what information we will collect from you when you use the Site and how we will use this information also applies to you.
About This Site
The Site is provided for personal, non-commercial use. The Site provides users with details about our products, events and experiences (and also events and experiences provided by third parties) and gives you the opportunity to purchase certain of our goods and to book tickets for our ticketed events and other experiences and events and experiences provided by third parties. You may browse our Site, purchase goods and book tickets without the need to register for an account. However, there is also the option to register for an account with our Site (this is not mandatory – please see below for more details).
You must be at least 18 years of age to use the Site, to register for an account and/or to place orders or make bookings via the Site. If you are underage, please do not attempt to use the Site, register for an account or place orders or make bookings via the Site. If we believe or verify that you are not aged 18 or over, we may suspend or cancel your access to and use of the Site until you have provided us with acceptable proof of age.
You will be asked to confirm your age each time you place an order or make a booking through this Site.
Account Registration & Security
If you choose to register for an account with our Site, you must ensure that the information that you provide on registration or at any other time is correct, up to date and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal information in order that we can communicate with you effectively.
Please note that your registration is non-transferable.
When you register to use the Site you will be asked to create a password. You must keep this password secure and confidential and must not disclose it to, or share it with, anyone. If you know or suspect that someone else knows your password or is using your account you should contact us at firstname.lastname@example.org immediately.
If we have reason to believe that there has been or is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend or cancel your account and your access to and use of the Site after warning you thereof and without responsibility or liability to you.
You can cancel your registration at any time by contacting us at email@example.com.
Cancelling or Suspending your use of the site
The suspension or cancellation of your registration (if applicable) and/or your right to use the Site shall not affect either party’s statutory rights or liabilities.
Access to the site, changes & updates
We shall endeavour to provide constant, uninterrupted access to the Site, but we do not warrant to do so. Access to all or any part of the Site may be restricted from time to time to allow for repairs, maintenance or updating. We may update, amend, suspend, withdraw, discontinue or change all or any part of our Site and/or its content at any time and without notice.
Please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. Whilst we take reasonable steps to ensure the accuracy of the information accessed via this Site, unless otherwise stated, we do not give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it.
Intellectual Property Notice
This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together "Content ") are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us. Anyone accessing this Site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for commercial gain without our express written permission.
Third Party Content and Links
We have no responsibility for content provided by third parties and are merely providing access to such content to you. Save as required by law in relation to certain third party experiences that can be booked through this Site:
- we have no obligation to verify the content of such information or to edit any such information provided by third parties; and
- we have no control over such content and do not endorse, support, represent or warrant the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
Websites or pages to which this Site is linked (other than other websites operated by us) are for information only and have not been reviewed by us. We have no responsibility for the content of such websites or pages and accept no liability for any losses or damage whatsoever that may be incurred as a result of any linking to the same, unless we have been duly notified of such third party websites or pages to contain illegal or harmful content.
We do not warrant that the Site or its server will be secure or free from bugs, errors, worms or viruses and we shall not be liable for any loss or damage you may suffer as a result of such technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it, save where such loss or damages is due to our wilful default or gross negligence. You should therefore use your own virus protection software.
You agree that you will not knowingly introduce to our Site viruses, trojans, worms or other matter which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence, including without limitation under the Computer Misuse Act 1990 or other applicable laws such as Sections 303 lit. a. and b. German Criminal Code. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
Local Laws & Regulations
Our site is directed to people residing in Germany and we only deliver to addresses within Germany. If you are based outside Germany, you may access our Site and place orders through our Site for delivery to an address in Germany, however, you do so entirely at your own risk and you are responsible for compliance with applicable law or regulations. You may not access our Site or place orders through our Site where local law or regulations provide that it is unlawful for you to do so.
Section B: Product Terms
The terms in this Section B ("Product Terms") apply to any order for products and related services (such as personalisation or gift wrapping), that you place with us via the Site. You will be asked to confirm your acceptance of these Product Terms whenever you place an order.
Some of the provisions contained in these Product Terms may be superseded or supplemented by additional terms and conditions or notices published elsewhere on the Site. These will be drawn to your attention where they are applicable to you. In the event that there is any conflict between these Product Terms and any additional or supplemental terms on the Site ("Additional Product Terms"), the Additional Product Terms shall prevail.
You must be at least 18 years of age to place orders via the Site. If you are underage, please do not attempt to place orders via the Site.
You will be asked to confirm your age each time you place an order through this Site. Furthermore, all product deliveries must be signed for by an adult over the age of 18 years. A valid and current identification document (such as ID card, passport or driving licence) will be required to be presented to our delivery provider on delivery.
Placing your order
To place an order via the Site, please follow the instructions on the Site. You will be given the opportunity to check the details of your order and to amend any errors before you confirm your order.
Ihre Bestellung ist ein Angebot zum Kauf der in Ihrem Bestellformular angegebenen Produkte und zugehörigen Dienstleistungen (wie etwa Personalisierungen oder Geschenkverpackungen) an uns und bedarf der Annahme durch uns. Nach Abgabe Ihrer Bestellung, schicken wir Ihnen per E-Mail eine Bestätigung, dass wir Ihre Bestellung erhalten haben sowie über die Einzelheiten der Bestellung. Diese E-Mail stellt keine Annahme Ihrer Bestellung, sondern lediglich eine Bestätigung über den Erhalt Ihres Angebots, dar. Unsere Annahme, und damit auch der Abschluss des Kaufvertrags über die Produkte und zugehörigen Dienstleistungen (wie etwa Personalisierungen oder Geschenkverpackungen), liegt erst mit der E-Mail vor, in der wir Ihnen bestätigen, dass wir die von Ihnen bestellten Produkte versendet haben („Produktversandbestätigung“). Wir veranlassen die Zahlung für Ihre Bestellung an uns in voller Höhe, wenn wir Ihre Bestellung versandt haben. Bei Lieferungen zu einem Wunschdatum sowie seltene und limitierte Produkte können wir die Zahlung an uns auch vor Versendung Ihrer Produkte veranlassen. Wir veranlassen die Zahlung für Vorbestellungen an uns in voller Höhe zum Zeitpunkt Ihrer Produktbestellung. Der Vertrag zur Lieferung von Wunschbestellungen, seltenen und limitierten Produkten sowie Vorbestellungen kommt zustande, wenn wir Ihnen eine Produktversandbestätigung zuschicken. Wenn es uns nicht möglich sein sollte, das vorbestellte Produkt zu liefern, haben Sie wie unten beschrieben die Möglichkeit Ihre Vorbestellung zu stornieren und die Rückerstattung der bereits geleisteten Zahlung zu verlangen.
We are under no obligation to accept any order placed with us.
If we are unable to supply you with a product that you have ordered, we will contact you and give you the opportunity to cancel or amend your order. If you cancel your order and we have taken payment from you, we will refund you the full amount you have paid including any delivery costs as soon as possible. If you choose to amend your order and we have taken payment from you, we will refund any monies due to you as a consequence of such amendment as soon as possible.
- We send our products in their original presentation boxes where the product has a presentation box and this is in stock. Whether a product is usually provided in a presentation box and whether that box is in stock will be noted on the relevant product page.
- You may be offered the option to gift wrap certain products. If this option is available, it will be notified to you and the applicable charges will be notified to you during the checkout process.
- Please note that once you have selected a product and chosen to gift wrap that product, you will be unable to add additional quantities of the same product to your order without first adding the gift wrapped product to your basket and then selecting additional products and adding these to your basket separately.
- Gift cards can be added to an order free of charge either per product ordered or for the order as a whole. Gift messages must comply with the personalised product requirements below.
- Please contact our Customer Care Advisors on 0698 679 8102 if you have any queries about gift wrapping or gift cards.
- We offer a number of rare or scarce products that may not be available to purchase through our Site. This will be made clear on the relevant pages for such products with the message "Item is not available online" or similar. Please contact our Customer Care Advisors on 0698 679 8102 to discuss ordering such products.
- Such products are often, although not exclusively, made to order and this will affect the delivery time that we can offer to you – we will make this clear to you at the time of ordering. Please note that you have no right to cancel (as outlined below) with regard to goods made to your specifications or goods that are clearly personalised.
- Payment for rare and scarce products may be taken any time after you place your order however we will only accept your order for these products and the Contract for the provision of them will only be concluded when we send you the Product Dispatch Confirmation.
- We may impose limits on the number of bottles of scarce and rare products that can be purchased. Any such limits will be highlighted on the product page when adding the product to your basket. As a consequence, if repeated attempts to order such a product are made, we reserve the right to refuse to meet all or a portion of the orders placed, despite the orders being acknowledged. Should we refuse all or a portion of your order, we will notify you of the refusal and we will refund any monies taken from you within 3 working days. Please note that your bank may take longer to return the monies to you. In the event that we refuse a portion of your order, we will also ask you to confirm if you would like to proceed with the remaining portion of your order.
Rare & Scarce Products:
Where we are unable to dispatch all the products in your order at the same time, we will contact you and give you the opportunity to cancel all or part of your order or to amend your order.
You may also place orders for products that are available via the Site from time to time by calling our Customer Care Advisors on 0698 679 8102, Monday to Saturday 8am to 8pm, excluding German public holidays. Orders placed by telephone will be subject to these Terms and Conditions.
Amendments to product orders
Product orders can only be amended whilst the order status is stated to be ‘Ordered’. Whilst the order status is ’Ordered’ amendments can be made by emailing us at firstname.lastname@example.org or by calling our Customer Care Advisors on 0698 679 8102. Once the order status shows as ‘Out for Delivery’, a product order cannot be amended and if you no longer want the products you have ordered you will need to cancel your order (as set out below). Please note orders for personalised products cannot be amended.
Although we will do our best to accommodate amendments to orders, we do not warrant that we will be able to meet your requirements within the original delivery date. Any revised delivery date will be notified to you when we agree the amendments to your order.
We offer a number of products that may be personalised with a message or date of your choice and/or a gift card. If you are ordering a personalised product or personalising your product with a gift card, the following terms will apply to your order.
- Your personalised message must be no longer than the stated character limit for each product or gift card.
- Your personalised message can only include Latin alphabetical letters, standard figures and a selection of other special signs as available on a standard DE QWERTZ keyboard.
- Your personalised message must be personal/private in nature (i.e. not a commercial or business message).
Products that may be personalised will be identified on the relevant product or category page. Where applicable, you will also have the opportunity to personalise your order during the checkout process.
We do not endorse any personalised message generated by customers for use on our products or gift cards.
All personalised orders will be automatically reviewed by our Site before being accepted to ensure that they comply with these Personalised Products Additional Terms. Should an error message appear during your attempt to personalise a message, please amend your message until the error message is no longer showing.
If your message is accepted, allowing you to place an order, but upon further review by our personalisation team your message is considered to be in breach of our Personalised Products Additional Terms, we reserve the right (but are under no obligation) to reject your message and to refuse to proceed with the personalisation order. In this event, our Customer Care Advisors will use their reasonable efforts to contact you to discuss your order and the personalisation message. In the event that we are unable to reach you or, having been contacted by our Customer Care Advisors, you do not wish to amend your message, your order will be cancelled and any monies paid by you in respect of the cancelled order will be refunded to you as soon as possible.
In addition to the ability to add a gift card messages, we offer two types of personalisation:
- Engraving; and
- Hot Stamping.
Gift card messages are complimentary but charges apply for each other type of personalisation which may vary by product. These charges will be shown on the relevant product page.
For each type of personalisation, there are restrictions based on the size of the bottle and the format in which we are able to personalise. In any event, your personalised message must also not:
- be illegal, detrimental, adversarial, profane, objectionable, defamatory, abusive, offensive, violent, racist, sexist, discriminatory, vulgar, obscene, pornographic, related to religion or politics, unethical, impugning human dignity or integrity, threatening, against decency, shocking or disparaging or similar;
- infringe a third party's rights (including intellectual property rights such as copyright and trademarks);
- feature any trademark or commercial message;
- feature any emoticons or images;
- encourage excessive or irresponsible consumption of alcoholic beverages;
- encourage under-age drinking;
- suggest that consumption of alcohol transforms the consumer, makes him/her brighter, stronger, and helps him/her succeed socially or sexually;
- present abstinence or moderation in a negative way;
- suggest that one may consume alcohol before or while driving a vehicle whatever it is, or have any activity that requires a certain degree of concentration to be executed safely;
- give the impression that alcohol may prevent, treat or cure any human disease or a given psycho-physiologic condition;
- suggest engagement in any sport, physical activity or any potentially hazardous activity;
- present the alcoholic content/strength (high or low) of the product as a positive element;
- advertise or promote a business, stores or retail premises of any kind or nature as well as any sale or offer of any product of any kind or nature;
- be misleading, untrue or give false information as well as any comparison with any other entity brand or product; or
- be for a commercial/advertising/corporate purpose (unless with our prior written consent).
You are solely responsible for the content of your personalised message (for example if the message infringes someone else's rights).
Subject to the liability provisions of our Terms and Conditions: (a) we cannot accept responsibility for your mistyping errors, i.e. spelling mistakes, made when submitting messages; and (b) you agree to compensate us for any losses or costs that may be reasonably and fairly incurred by us as a result of your breach of the above terms relating to the personalisation of messages on our products where the breach is your fault. Such compensation will not be required if your breach is due to our negligence or our breach.
If you would like to personalise any of our products for a commercial/advertising or corporate purpose, please contact us by emailing email@example.com.
During peak times e.g. Christmas, we have extended delivery dates for personalised products if you require your personalised product urgently, please call our Customer Care Advisors to discuss your requirements.
You may not cancel an order for personalised products. However, we do provide refunds or exchanges where personalised products supplied are not of satisfactory quality or fit for purpose. If you have received a personalised product that is not of satisfactory quality or fit for purpose, please contact us at firstname.lastname@example.org or by calling our Customer Care Advisors on 0698 679 8102. The other provisions set out in the Defective Products section below will apply, as the case may be.
The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we do not warrant that your computer's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images. The packaging of the products may vary from that shown on images on our Site.
All prices shown on our Site are in Euro (€) and are inclusive of VAT.
Our Site contains a large number of products, and it is possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. Where we discover that a product's correct price is less than the price stated on the Site, we will charge you the lower amount and will refund the difference to you. If a product's correct price is higher than the price stated on our Site, we will normally honour the stated price.
Our prices do not include delivery charges. Where delivery charges apply, you will be advised of during the check-out process and before you submit your order.
Payment for products must be made by either using PayPal, an online-only payment system, or credit or debit card. Payments by PayPal will require you to have a PayPal account. For payments by credit or debit cards, we accept Amex, Mastercard or Visa. Payments are debited in Euro (€).
Use of Voucher Codes
Voucher-codes for MH Deutschland are for sale to consumers only. Vouchers-codes for MH Germany are revocable licences (Inhaberkarten und -marken under Section 807 German Civil Code) where the voucher-codes are embodied; they remain the property of MH Deutschland at all times. Any re-sale, transfer, duplication or modification of the voucher-code is prohibited as well as using the voucher code contrary to these product terms. MH Deutschland reserves the right to request a person using a voucher-code that it has acquired in breach of the foregoing provisions to hand back the product it has acquired, without further reimbursement of cost; MH Deutschland explicitly reserves the right to claim further damages.
The owner of the voucher-code is entitled to use it once to purchase a product (Experiences excluded), by entering it in the context of the shopping cart. You cannot combine the voucher-code with other voucher-codes or with special offers, unless the particular conditions applying a certain voucher-code determine otherwise. Any voucher-code is limited in time and looses its validity after such time period has elapsed.
A cash reimbursement of the product value of the voucher-code is excluded.
Delivery of Products
We will endeavour to fulfil your order by the delivery date set out in the Product Dispatch Confirmation, but all delivery dates and times are estimates only. Subject to any rescheduling by you (see below), if your products are not delivered on the correct day, we will refund your delivery charges.
All product deliveries must be signed for by an adult over the age of 18 years.. We are entitled to assume that anyone aged over 18 years at the delivery address who signs for the delivery has your authority to do so.
Product delivery options
We offer 3 types of delivery service for products:
- Standard (within 2 working days): 8 €
- Nominated Day: 10 €
- Nominated Day - Evening: 15 €
You will be advised of the charges applicable to your choice of delivery during the check-out process and before you submit your order. Complimentary Standard delivery for orders over 155€, unless specifically stated otherwise in the product description or during the order process, e.g. as part of a promotion or specific limited offer.
We normally deliver products between 8am and 6pm Monday to Saturday. For Standard delivery, orders must be placed before 2pm, two working days in advance.
Please note, that orders placed on a Friday after 2pm, using the Standard service will not be delivered until the following Tuesday, or the following Wednesday if the Monday is a bank holiday.
We do not offer delivery on Sunday or bank holidays, and we may have a reduced delivery schedule at various times of the year, e.g. Christmas.
TRACKING YOUR ORDER
By providing us with your mobile number during the checkout process, you will receive a SMS when your product delivery is due.
Product delivery restrictions and exclusions
We only deliver products to addresses within Germany, except Helgoland.
We do not offer delivery on Sunday or bank holidays, and we may have a reduced delivery schedule at various times of the year, e.g. Christmas.
Missed product delivery?
If you are not in to receive the products, we will leave a notification (on paper) in your post box that, depending on the courier used:
- either states the telephone number you will have to call to arrange a second delivery attempt
- or states a pick up location for your delivery (e.g. nearest post office)
- or states the date of the second delivery attempt
In case you do not receive any notification or have any other subjects concerning your delivery please call our Customer Care Advisors on 0698 679 8102.
If we do not hear from you within 7 days, we shall return the products to our warehouse and issue a refund within 30 days. We reserve the right to charge for re-delivery of orders that have not been completed due to incorrect address information being supplied by you or where you are not available to take receipt of the delivery.
Risk and title to products
Ownership of the products will pass to you when we receive full payment of all sums due in respect of the products.
You acknowledge that this Site is for sales to consumers only and any products purchased from us are for your personal, domestic and private use only (which may include their use as gifts for third parties).
Your right to cancel a product contract
You have the right to cancel a Product Contract within 14 days without giving any reason. This right, under Section 312g in connection with Sections 355 et. seq. German Civil Code, is explained in more detail in this section. This right to cancel does not apply in the case of personalised products ordered by you.
The right to cancel a contract does not apply to bookings for Experiences. Please refer to the Experience Terms and Conditions below for more details.
To exercise the right to cancel, you must inform us of your decision to cancel the Product Contract by an unequivocal statement (e.g. letter sent by post, telefax or e-mail). You can do this by writing to us at Clos19, Seidlstraße 23, 80335 München, or by telephone: 0698 679 8102 or via e-mail at email@example.com. Please include details of your order to help us identify it. You may use the model cancellation form (but it is not obligatory for you to do so).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Effects of cancellation
If you wish to cancel a Product Contract and you have already received the products from us, you will need to contact our Customer Care Advisors on 0800 5892 681 or 069 2222 4428. We will arrange for the products you wish to return to be collected from you on a date agreed between you and our Customer Care Advisors, unless we agree otherwise. The collection date must be within 14 days from the day on which you notify us of the cancellation of the Product Contract. Please ensure that you pack the products so that they reach us in a good condition bearing in mind that many of our products are fragile.
If you cancel a Product Contract in full, we will reimburse to you all payments received from you, including the costs of delivery.
For partial cancellation of a Product Contract, we will reimburse to you the payments received for the returned products. Reimbursement of the costs of delivery will be at our sole discretion.
The returned products will go through our quality control inspection process and we may make a deduction from your reimbursement for any loss or reduction in value of any products supplied to you if the loss or reduction is the result of unnecessary handling of the products by you (for example, if you have handled the products in a way which would not be permitted in a shop). You are only liable for any diminished value of products resulting from the handling beyond what is reasonably necessary to establish the nature, characteristics and functioning of the products.
We will make any reimbursement due to you (less any deductions) without undue delay and in any event not later than 14 days after the day on which we are informed about your decision to cancel the Product Contract.
We will make any reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. If you have paid by credit/debit card, the same card will be refunded. It is not possible to refund to a different card. You will not incur any fees as a result of the reimbursement.
Following expiry of your right to cancel (as described in the 'Your Right To Cancel' section of these Product Terms) we only offer refunds or exchanges where the products supplied are not of satisfactory quality, fit for purpose or do not comply with the order accepted by us. If you have received a product (including a personalised product) that is not of satisfactory quality or fit for purpose or does not comply with your order, please contact us at firstname.lastname@example.org or by calling our Customer Care Advisors on 0698 679 8102. We may arrange to collect the relevant products free of charge from the address to which they were delivered at an agreed date. Products must be un-opened (where applicable), and otherwise in the same condition in which you received them, and securely packaged in the original packaging in which they were delivered to you. We will bear the cost of returning the defective products that are returned to us in accordance with the instructions given to you by our Customer Care Advisors.
When products are inspected upon return, if we are satisfied that they are not of satisfactory quality or fit for purpose and/or do not comply with your order, we will refund the full price of the products, together with any delivery charges. We will process the refund due to you within 14 days.
If you are seeking to exchange a defective product for another product, we will process the exchange as soon as reasonably practicable, and, the replacement product will be subject to these Product Terms. Where the replacement product is of a lesser value than the exchanged product, we will process any refund due to you within 14 days of the day you have given notice of your desire to exchange the defective product for another product and upon receipt of the returned products.
Your legal rights regarding products which are faulty or mis-described are not affected by your right of return and refund or any other provision of these Product Terms. Please note that the statutory warranty period for defective products is 2 years from delivery of the products to you.
Section C: Experience Terms
The terms in this Section C ("Experience Terms") apply to any bookings that you make through the Site to attend and/or participate in a ticketed event, tour, tasting, class or other experience.
Some of the provisions contained in these Experience Terms will be superseded or supplemented by additional terms and conditions or notices that will be drawn to your attention where they are applicable to you ("Additional Experience Terms"). In the event that there is any conflict between these Experience Terms and any Additional Experience Terms, the Additional Experience Terms will prevail. Please note, in particular, that if you book a Third Party Experience (as defined below) through this Site or the Customer Care Advisors , the additional terms and conditions of the third party supplier of that experience ("Third Party Terms") will apply to your booking in place of the majority of these Experience Terms.
Types of experience
Bookings for the following experiences ("Experiences") can be made through our Site:
- Experiences organised by us which may be hosted at our premises (for example a wine tasting) and experiences hosted by us in a designated Moët Hennessy area at a third party event (for example a Moët Hennessy hospitality tent at a sporting or music event) ("MH Germany Experiences"); and
- Experiences organised and provided by a third party supplier ("Third Party Experiences").
MH Germany Experiences are purchased from and supplied by us subject to these Experience Terms and any Additional Experience Terms notified to you at the time of booking.
Third Party Experiences are purchased from and supplied by the relevant third party supplier ("Third Party Supplier") and will be subject to the applicable provisions of these Experience Terms and the additional Third Party Terms which will be drawn to your attention when you make your booking. We facilitate bookings for Third Party Experiences but it is the relevant Third Party Supplier who will collect payment for the Third Party Experience, be responsible for all aspects of the delivery and fulfilment of the Third Party Experience and be the other party to the contract for the supply of the Third Party Experience. The Third Party Terms will apply to your booking in place of the majority of these Experience Terms. Please note that with regard to any Third Party Experiences we exclusively act as agents and are not providing any of these services ourselves.
From time to time we may also advertise on our Site experiences provided by other third party suppliers ("Advertised Experiences"). If you are interested in booking these Advertised Experiences, you may either be re-directed to the relevant third party's website or be asked to fill out a form to be contacted by the supplier of the Advertised Experience. Advertised Experiences are sold by the relevant third party supplier on the third party's terms and conditions and any contract for the provision of an Advertised Experience will be between you and the relevant third party supplier.
Booking an experience
You must be at least 18 years of age to make a booking via this Site or by telephone via the Customer Care Advisors. You will be asked to confirm your age each time you make a booking.
Save where otherwise stated, all attendees at Experiences must be aged 18 years or older, and will be asked to produce valid and current photographic identification (together with their ticket for the Experience) before gaining admittance to and/or being able to participate in an Experience.
To make a booking via the Site, please follow the instructions on the Site. You will be given the opportunity to check the details of your order and to amend any errors before you confirm your order.
Your order is an offer to us and/or the relevant Third Party Supplier to purchase the Experience(s) in your order form.
For MH Germany Experiences: Bookings are subject to acceptance by us. When you make your order for a booking, we will send you an e-mail confirming receipt of your order and the details of your order. This e-mail is an acknowledgement that your order has been received, and does not confirm acceptance of your offer to buy the Experience(s) ordered. Your offer will only be accepted, and the contract of sale ("Experience Contract") of the MH Germany Experience(s) is only concluded when we send you an e-mail confirming that your ticket(s) for the MH Germany Experience have been dispatched by us ("Experience Dispatch Confirmation"). Payment will be taken by us shortly before the Dispatch Confirmation is sent.
For Third Party Experiences: You will be asked to complete and submit an online registration form. The Customer Care Advisors will then contact you by telephone to discuss the Third Party Experience in more detail, to confirm the date(s) on which you wish to attend the Third Party Experience and to confirm you wish to proceed to place your order with the relevant Third Party Supplier. Your order is an offer to buy the Third Party Experience(s) ordered and is subject to acceptance by the Third Party Supplier. Shortly after placing your order with Customer Care Advisors, you will receive an e-mail from the Customer Care Advisors or the Third Party Supplier confirming receipt of your order. This e-mail is an acknowledgement that your order has been received, and does not confirm acceptance of your offer to buy the Third Party Experience(s) ordered. Your order is only accepted and the contract of sale ("Third Party Experience Contract") of the Third Party Experience(s) is only concluded when you are sent an e-mail confirming that your ticket(s) have been dispatched by the Third Party Supplier ("Third Party Experience Dispatch Confirmation"). Please check the relevant Third Party Terms for details of when payment will be taken by the Third Party Supplier: many but not all Third Party Suppliers will take payment shortly before the Third Party Experience Dispatch Confirmation is sent, whilst others may require payment in full or in part when the order is placed.
We (or the relevant Third Party Supplier, as applicable) are under no obligation to accept any order placed via this Site or the Customer Care Advisors.
Attendance at or participation in certain Experiences may be subject to other requirements, e.g. age, medical, physical, height or weight requirements. Full details will be included with the Experience description on the Site. Please check the requirements for each Experience carefully before placing your order as you are responsible for ensuring that you (and those on whose behalf you are making a booking) meet the criteria for an Experience.
You will require a valid ID card to attend any Experience in Germany or the EU. For any Experiences based outside the EU you will require a valid passport to attend and may also require a visa. You are responsible for ensuring that you have the correct documentation (including relevant and valid identification documents) required to travel to the location of any Experience you book. Where an Experience takes place outside Germany, you are also responsible for checking any required or recommended travel vaccinations or other required or recommenced health precautions.
We or the relevant Third Party Supplier may impose limits on the number of tickets or places that you can book for a particular Experience. Any such limits will be highlighted on the Experience page when you add tickets/places to your basket or when you are discussing the Experience with the Customer Care Advisors. As a consequence, if repeated attempts are made to book tickets or places for such Experiences, we/the relevant Third Party Supplier reserve the right to refuse to meet all or a portion of the orders placed.
If we are unable to accept your booking because we are unable to supply you with all the tickets/places you wish to or the precise type of ticket(s)/place(s) that you wish to book, we will contact you and give you the opportunity to cancel or amend your order. If you cancel your order and payment has been taken from you, we will refund you the full amount you have paid as soon as possible. If you choose to amend your order and payment has been taken from you, we will refund any monies due to you as a consequence of such amendment as soon as possible. Please check the relevant Third Party Terms for details of cancellations of / amendments to orders for a Third Party Experience in such circumstances.
The Customer Care Advisors are available on 0698 679 8102, Monday to Saturday 7am to 7pm, excluding German public holidays to answer questions about MH Germany Experiences and Third Party Experiences.
You may also book tickets for any of the Experiences by calling the Customer Care Advisors on 0698 679 8102. Orders placed by telephone will be subject to these Experience Terms and any applicable Additional Terms (including Third Party Terms where applicable).
Amendments to experience orders
Once you have placed an order for a MH Germany Experience, you cannot amend the order.
If you have booked a Third Party Experience and wish to amend your booking, you will need to check whether the Third Party Terms permit you to make amendments to your booking. If they do, you will need to contact the Customer Care Advisors on 0698 679 8102 to discuss and process your amendments.
All prices shown on our Site are in Euro (€) and are inclusive of VAT.
Please note, the information and prices shown on our Site for an Experience may have changed by the time you come to book your Experience. Whilst every effort is made to ensure the accuracy of the Site, Experience descriptions and prices change and errors do occasionally occur. You must therefore ensure you check all details of your chosen Experience (including the price) with us or the relevant Third Party Supplier at the time of booking.
All costs and expenses not expressly included within the price quoted on the Site or by Customer Care Advisors (including, by way of example, the cost of travel/cancellation insurance, the cost of travel to an Experience or accommodation costs at an Experience where accommodation is not included in the Experience) are your responsibility. Where they are not included within the price of the ticket, we recommend that you do not make any travel, accommodation or other arrangements until you have received the Dispatch Confirmation from us.
Payment must be made by either using PayPal, an online-only payment system, or credit or debit card. Payments by PayPal will require you to have a PayPal account. For payments by credit or debit card, we accept payment with Amex, Mastercard or Visa. Payments are debited in Euro (€).
For MH Germany Experiences: For most MH Germany Experiences, your PayPal account, credit or debit card will be charged shortly before the Dispatch Confirmation is sent though payment may be taken earlier if the date of the Experience is more than 15 days after the date on which you placed your order.
For Third Party Experiences: Please check the relevant Third Party Terms for details of when payment will be taken by the Third Party Supplier for the tickets to the Third Party Experience.
Delivery of experience tickets
The same options and restrictions apply to delivery of tickets for MH Germany Experiences as apply to the delivery of products purchased through this Site. Please see the Sections headed ‘Products Delivery Options’, ‘Tracking Your Order’, ‘Product Delivery Restrictions and Exclusions’ and ‘Missed Delivery’ in Section A above for further details.
Please check your ticket(s) when you receive them to ensure that they are correct. If there are any problems with your ticket(s) or you have not received your ticket(s) 24 hours prior to the date of the MH Germany Experience, please contact the Customer Care Advisors on 0698 679 8102.
For Third Party Experiences: The Third Party Supplier is responsible for delivering your ticket(s) to the Third Party Experience and will have their own delivery terms and conditions and processes which will apply to your order. However, if you have any questions about the delivery or other arrangements for Third Party Experiences, you may contact the Customer Care Advisors on 0698 679 8102.
Use of experience tickets
Tickets for MH Germany Experiences are for sale to consumers and their guests only. Tickets for MH Germany Experiences are personal revocable licences (Namenspapiere mit Inhaberklausel under Section 808 German Civil Code) and remain the property of MH Germany at all times. Any ticket(s) re-sold or transferred for profit or commercial gain or obtained or used in breach of these Experience Terms will become voidable and the person seeking to use such a ticket may be refused entry to, or ejected from, the MH Germany Experience without refund (and may also be subject to legal action).
In many instances (as will be indicated at the time of booking), tickets can only be used by named individuals and identity checks may be in place at the MH Germany Experience.
Tickets for Third Party Experiences may be subject to similar restrictions on use, transfer and resale. However, if the Third Party Experience constitutes a 'package' for the purposes of the Package Travel Regulations, you may be entitled to transfer your booking to a third party. Please check the relevant Third Party Terms for details.
It is your responsibility to ensure that you (and your guests) meet the published criteria for attendance at or participation in an Experience and are able to attend the Experience you have booked. We accept no responsibility if you (or any additional attendees for whom you have booked) are unable to attend an Experience (save where this is due to our breach of these Experience Terms or our negligence). At our discretion, we may, however, allow you to transfer a booking for a MH Germany Experience to another person meeting all the booking criteria for the MH Germany Experience – please call us to discuss this option.
Cancellation of experiences
The right to cancel a Contract under Section 312g in connection with Sections 355 et. seq. German Civil Code does not apply to bookings for Experiences. Once you have booked a MH Germany Experience, you cannot cancel your booking save where permitted by these Experience Terms. If you have booked a Third Party Experience, you may only cancel your booking in accordance with the applicable Third Party Terms.
We will only cancel a MH Germany Experience for reasons beyond our reasonable control or where certain criteria notified to you at the time of booking apply (such as a failure to reach the minimum number of participants for a MH Germany Experience to proceed). If we cancel a MH Germany Experience, we will give you a full refund of any monies you have paid for the MH Germany Experience including any delivery costs or, if you prefer, we will offer you tickets to/places on an alternative MH Germany Experience of up to the same value (where available).
If we have to change any material details of a MH Germany Experience (such as the date, time or location) for reasons beyond our reasonable control or where certain criteria notified to you at the time of booking apply, we will notify you as soon as possible and give you the option to cancel your booking without penalty or, if you prefer, we will offer you tickets to/places on an alternative MH Germany Experience of up to the same value (where available).
We will only refund money received from you for an MH Germany Experience using the same method originally used by you to pay for your purchase. If you have paid by credit/debit card, the same card will be refunded. It is not possible to refund to a different card.
Your and the Third Party Supplier's rights to cancel bookings for a Third Party Experience and any refund due to you in respect of such cancellation will be subject to the Third Party Terms. Please refer to the Third Party Terms for details.
Where an Experience includes travel, we strongly recommend that you and any other individuals on whose behalf you are booking an Experience take out travel insurance at the time of booking to protect you from unforeseen circumstances.
ADDITIONAL TERMS FOR MH GERMANY EXPERIENCES
Further conditions and requirements may be incorporated into and apply to the Contract between us and you for a MH Germany Experience from the venue operator or other persons involved in the organisation of the Experience (for example, admission requirements for specific venues). Any such further conditions and requirements will be drawn to your attention where they are applicable to you. For example, they may be shown at the time of booking, on the ticket itself or be displayed at the venue or other premises used for the Experience.
We, our representatives, sub-contractors and any applicable venue operator, reserve the right to refuse you entry to and/or eject you from an MH Germany Experience in reasonable circumstances, including: (a) if you behave in a manner which has or is likely to affect the enjoyment of other persons at the MH Germany Experience; (b) if you (in our, our representatives or sub-contractors and/or the venue operator's reasonable opinion) behave in a threatening, dangerous, abusive, insulting or otherwise inappropriate manner (this includes behaviours such as being under the influence of illegal drugs or causing a nuisance); (c) for health and safety or licensing reasons; (d) if you refuse to comply with security searches at the MH Germany Experience; and/or (e) if you breach these Experience Terms. No refunds will be given where you are refused entry or ejected due to your own behaviour or your breach of these Experience Terms.
We, our representatives, sub-contractors and any applicable venue operator reserve the right to conduct security searches and confiscate any item which (in our, our representatives, our sub-contractors and/or the venue operator's opinion) may cause danger or disruption to other persons at the MH Germany Experience.
Unless we expressly allow otherwise, you cannot use any equipment for recording or transmitting any audio, visual and/or audio-visual material at an MH Germany Experience. You should not bring any such equipment to the MH Germany Experience and we, our representatives, sub-contractors and the venue operator reserve the right to confiscate any such equipment and any unauthorised recordings made using such equipment. You agree to assign any and all rights in any recording made of any part of an MH Germany Experience in breach of these Experience Terms to us. Notwithstanding anything else in these Experience Terms, we will not be responsible for any loss, theft or damage to confiscated items.
There is no smoking or illegal substances allowed within venues or MH Germany Experience areas.
Strictly no containers holding wine or other alcoholic beverages can be removed from a MH Germany Experience without our express approval.
You must keep valuables with you at all times whilst at a MH Germany Experience.
You must comply with all instruction given to you in whatever form by us or Experience staff.
Section D: Clos19 Gift Cards and Egift Cards
Placing your Order
Egift cards can be purchased for any amount (in €s) between €2550 and €1,000.
Once available, gift cards can be purchased for any amount (in €s) between €25 100 and €1,000.
You may only order one gift card or egift card in a single transaction.
To place an order for a gift card or egift card via the Site, please follow the instructions on the Site. You will be given the opportunity to check the details of your order and to amend any errors before you confirm your order. Please check in particular that any delivery addresses or recipient email addresses you have provided are accurate as we cannot be responsible for non-delivery of a gift card or egift card where we have been provided with incorrect delivery details.
All orders are subject to acceptance by us. When you place your order, we will take payment for the gift card or egift card (as applicable) and validate and process your order. Once we have done this we will send you an e-mail confirming acceptance of your order. The contract of sale for the gift card or egift card ("Gift Card Contract") is only concluded when we send you an email confirming our acceptance of your order. This will usually take 3 working days in the case of orders for gift cards and will usually be the same day for orders for egift cards. In the event that we are unable to validate and process your order, we will refund any monies paid by you within 5 days.
We are under no obligation to accept any order placed with us for the purchase of a gift card or egift card.
Gift Card Messages
When you order a gift card or egift card you will be able to add a message for the recipient. This message must comply with the rules applying to the personalisation of products and gift messages (as set out in the section headed 'Personalisation of Products and Gift Messages' in Section A of these Terms and Conditions). We are not responsible for the content of any such message and do not undertake to review messages. We are however entitled to refuse to reproduce any message that breaches these Terms and Conditions and/or to refuse to despatch any gift card or egift card that bears a message that breaches these Terms and Conditions.
Amendments to orders
Once you have placed an order for a gift card or an egift card, you cannot amend the order. If you no longer want the gift card and/or egift card you have ordered you will need to cancel your order (as set out below in the section headed ‘Your Right to Cancel a Gift Card Contract’).
Gift cards: The same options and restrictions apply to delivery of gift cards as apply to the delivery of products purchased through this Site. Please see the Sections headed ‘Products Delivery Options’, ‘Tracking Your Order’, ‘Product Delivery Restrictions and Exclusions’ and ‘Missed Delivery’ in Section B above for details.
eEgift cards: If you have requested immediate delivery of your egift card, your egift card will be issued electronically in PDF format to the email address specified by you in your order as soon as possible after we accept your order though delivery may take up to 4 hours. If you have asked us to send the egift card at a later date, we will issue it electronically in PDF format to the email address specified by you in your order on the date you have requested. Whenever you ask us to send an egift card to someone else, we will also send it to you.
If you ask us to send a gift card to you or to email an egift card to you, so that you can then deliver the gift card or forward the egift card to the recipient, our only responsibility is to deliver the gift card or email the egift card to the address or email address provided by you. You are responsible for the gift card or egift card from the point it is received by you. We are also not responsible for non-delivery of an egift card as a consequence of our email being blocked by the recipient's firewall or being treated as spam, the recipient's email inbox being full or other similar technological reasons beyond our control.
Your right to cancel
You have the right, under Section 312g in connection with Sections 355 et. seq. German Civil Code, to cancel a Gift Card Contract within 14 days without giving any reason provided the gift card or egift card has not been used.
The cancellation period will expire after 14 days from the day on which you or the recipient of the relevant gift card or egift card as nominated by you, receives possession of it.
To exercise the right to cancel, you must inform us of your decision by a clear statement (e.g. by letter sent by post or email). You can do this by writing to us at Clos19, c/o Moët Hennessy Deutschland GmbH, Seidlstraße 23, 80335 München, or by telephone: 0698 679 8102 or via email at email@example.com. Please include details of your order to help us identify it. You may use the model cancellation form (but it is not obligatory for you to do so).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired provided the relevant gift card or egift card has not been used during this period.
These cancellation rights can only be exercised by the purchaser of the relevant gift card and/or egift card and cannot be exercised by the recipient of the gift card/egift card. In the case of group funded egift cards, these cancellation rights can only be exercised by the Initiator. Please refer to the section headed 'Group funded egift cards' below.
Effects of Cancellation
If you cancel a Gift Card Contract, we shall cancel the relevant gift card or egift card and refund the purchase price and any delivery charges to you. Refunds will only be made to the credit or debit card(s) used to make the original payment. You will not be required to return the physical gift card to us.
Using the Clos 19 Gift Card or eGift card
Gift cards and egift card can be used to purchase eligible items on the Site : i.e. products, accessories, bundles, experiences (except Third Party Experiences). You can only use one gift card or egift card per order.
When you use a gift card or egift card the amount of your purchase will be deducted from the balance on the card. The remaining balance may be applied to future purchases. Change will not be given. If your purchase exceeds the balance on the card you must pay the excess by another payment method that is accepted by us.
You may not exchange or redeem a gift card or egift card for cash.
We reserve the right to refuse to accept any gift card or egift card that we believe has been stolen or is being used fraudulently or in breach of these Terms and Conditions.
Checking the balance on a gift card or egift card
You may check the balance on a gift card or egift card at any time by entering its code at de.geschenkkarte.clos19.com/ecard/balance/consult
Loss, Theft, Damage
Please protect your Clos 19 gift card or egift card and treat it as cash; we cannot replace lost, stolen or damaged cards. Please note that you are responsible for the use of your card and we will not be responsible if your card if used without your permission.
Resale/Use in Promotions
You may only use your Clos 19 gift card or egift card for your personal non-commercial use. You may not sell your gift card. Gift cards may not be used in sales or promotional activities including as give aways or prizes in competitions. We reserve the right to cancel any gift card that we suspect has been resold or obtained in connection with an unauthorised sales or promotional activity.
Activation and Expiry
To prevent fraud:
- gift cards are automatically activated 3 days after despatch; and
- egift cards are activated 24 hours after they are e-mailed to you and/or the recipient of the egift card.
Gift cards or egift cards will expire after 3 years starting with the end of the year in which the respective gift card or egift card has been purchased.
If you return goods you have purchased online using a gift card or e-gift card, we will credit monies owing to your gift card or egift card (as applicable). Please note that the original expiration date of the gift card or egift card will continue to apply.
Group funded gift card or egift cards
Once you have purchased an egift card or gift card, you can launch a group egift fund by inviting others to contribute to increase the value of that egift card or gift card. If you select this option, we will send you a link that you can share with others. You are responsible for the distribution of this link and should only share it with persons known to you who have agreed to contribute, or whom you believe would wish to contribute, towards the egift card or gift card fund. When a person that you have invited to contribute towards the egift card or gift card fund ("Invitee") accesses the Site through the link you have provided, your name and the name of the recipient of the egift card or gift card will be displayed to them. Each Invitee will be able to forward the link received from you and to invite others to contribute to the egift card or gift card fund. You should inform Invitees that any queries about the authenticity of the link and the contribution request are to be directed to you or the Invitee that has forwarded the link to them. We have no responsibility for the distribution of the link and will not answer queries about its authenticity or the authenticity of the contribution request.
Contributions can be made towards the purchase of an egift card or gift card up until the time at which that egift card or gift card is due to be issued by us. We will issue one egift card or gift card to the recipient for the total amount of the contributions received from all Invitees.
Please note that only the initiator of a group funded egift card or gift card ("Initiator") will be party to the Gift Card Contract in respect of that egift card. Only the Initiator will have the right to cancel the purchase of the egift card or gift card. In the event of cancellation, we will refund the purchase price of the egift card or gift card to the Initiator and the Invitees in the amounts contributed by them. Refunds will only be made to the credit or debit card(s) used to make the original payment.
Closure of the gift card and/or egift card programme
We reserve the right to close the gift card and/or egift card programme on reasonable notice at any time. If you have not used your gift card and/or egift card by the date on which the programme terminates, we will refund the unused balance to you. In this circumstance, refunds will be made to the recipient of the gift card or egift card unless we believe that they have obtained the card fraudulently or in breach of these terms and conditions in which case we shall pay the refund to the original purchaser.
Section E: General Terms & Conditions
Subject to the following provisions, our statutory liability for damages shall be limited as follows:
- We shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the contract in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the purpose of the contract and on the fulfilment of which you regularly relies);
- We shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.
The aforesaid limitation of liability shall not apply to any mandatory statutory liability (in particular to liability under the German Product Liability Act), liability for assuming a specific guarantee or liability for damages caused by wilful misconduct or gross negligence, or any kind of wilfully or negligently caused personal injuries.
To the extent our liability is limited or excluded, the same shall apply in respect of any personal liability of our legal representatives, employees and vicarious agents.
We are under a legal duty to supply products that are in conformity with our contract with you. We warrant to you that any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
We are under a legal duty to supply MH Germany Experiences that are in conformity with our contract with you. We warrant that any MH Germany Experience will be provided with reasonable skill and care. For Third Party Experiences, you will be contracting with the relevant Third Party Supplier – not with us. Therefore, we will not be responsible for delivery of the Third Party Experience or any loss or damage you suffer in relation to any Third Party Experience, except where such loss or damage arises out of our negligence.
We only provide our Site for private non-commercial use. You agree not to use our Site for any commercial, trade or business purposes.
Nothing in these Terms and Conditions will affect your statutory rights.
Events outside our control
We will not be liable for delay in performing, or failure to perform, if such delay or failure results from events, circumstances or causes beyond our reasonable control, including without limitation industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an event beyond our reasonable control takes place that affects the performance of our obligations under a Product Contract and/or an Experience Contract:
- we will contact you as soon as reasonably possible to notify you;
- our obligations under that Product Contract and/or Experience Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event. Where the event affects our delivery of products to you, we will arrange a new delivery date with you after the event is over; and
- if we cannot perform our obligations under a Product Contract and/or Experience Contract affected by an event beyond our reasonable control, you may choose to cancel that Contract. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant products you have already received and we will refund the price you have paid, including any delivery charges.
Transfer of rights and obligations
Any Product Contract or Experience Contract between you and us is binding on you and us and on our respective successors and assigns. We may assign your contractual claims or any of our rights arising under the contract, at any time during the term of the order, provided your legal and consumer rights are not prejudiced. This will not affect your rights or obligations under these Terms and Conditions.
You may not transfer, assign, charge, sub-contract or otherwise dispose of the order, or any of your rights or obligations arising under it, unless we agree in writing.
We want to address any concerns you may have without needing a formal legal case. Before filing a claim against us, if you have a dispute with us relating to our contract with you, you may contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at FAO: Clos19, Seidlstraße 23, 80335 München.
If a dispute cannot be resolved informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration, based on the nature of the dispute.
If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.
You or we will also always have the option of resolving the dispute using court action (please see the Law and Jurisdiction section below for more detail).
Each of the provision of these Terms and Conditions operates separately. If any provision or part-provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such provision or part-provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and Conditions and any Product Contract or Experience Contract concluded between us are not intended to give rights to anyone except you and us and no other person shall have any rights to enforce any of these Terms and Conditions.
These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Product Contract or Experience Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
Please note that in the case of Third Party Experiences you do not contract with MH Germany. MH Germany merely acts as an agent for the Third Party Supplier. Any contract for Third Party Experience will be concluded between you and the Third Party Supplier only.
Our right to vary these terms and conditions
We have the right to revise and amend these Terms and Conditions from time to time for any reason, including: (a) how our business operates; (b) changes in legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you.
You will be subject to the Terms and Conditions in force at the time that you order products or book an Experience (as applicable), unless any change to these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders and/or bookings previously placed by you).
Other services and special offers
From time to time we may offer other services, special offers, discounts and promotions together with services not specifically referred to in these Conditions. Such matters shall be subject, in addition to these Terms and Conditions, to specific terms and conditions relating to such matters. By taking the service or special offers, discounts or promotions you agree to be bound by and comply with such additional terms and conditions.
Law and jurisdiction
Subject to the paragraph below, these Terms and Conditions and any Product Contracts and/or Experience Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by German law.
Nothing in these Terms and Conditions, including the paragraph above, affects your rights as a consumer to rely on the mandatory provisions of German law.
Please note that this English version of the Terms and Conditions is for reference purposes only whereas the German version is the agreed language of the contract. For the avoidance of doubt, in case of any inconsistencies or conflicts between the English version and the German version, the German version shall prevail.
Email us at email@example.com.
Call the Customer Care Advisors on 0698 679 8102.
We welcome your feedback and comments about the Site and enquiries about the products or Experiences available through the Site.
If you have any questions about our products which you have purchased from a third party supplier, please contact the relevant third party supplier as we will be unable to deal with your enquiry.