Version dated 22 January 2021.
This website ("Site") is operated by Moët Hennessy Germany GmbH ("we" or "us "), a company incorporated in Germany under company number HRB 42106, whose registered office is at Seidlstraße 23, 80335 München and whose registered VAT number is DE 129418777.
These Terms and Conditions are divided into several sections:
- Section B contains the additional terms that apply to any orders for products that you place through the Site ("Product Terms").
- Section C contains the additional 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 contains the terms that apply to the use of voucher codes on the Site.
- Section E contains general provisions that apply to any and all use of the Site.
You can use the Site:
- For your personal, non-commercial use. Some Terms and Conditions only apply to personal, non-commercial orders (“Consumer Orders”) - these will be marked “CONSUMER ORDERS ONLY”; or
- On behalf of a company or other legal entity, on a commercial basis in the course of your or your employer’s business (“Corporate Purchases”). Some Terms and Conditions only apply to Corporate Purchases - these will be marked “CORPORATE PURCHASES ONLY”. Any use of the Site while being logged in to a corporate account will be considered to be done for Corporate Purchases only.
Unless otherwise specified, all Terms and Conditions which are not marked either “CONSUMER ORDERS ONLY” or “CORPORATE PURCHASES ONLY” apply to both Corporate Purchases and Consumer Orders.
Please read these Terms and Conditions carefully before you use this Site. By using this Site, you confirm your acceptance of and agreement to be bound by and comply with these Terms and Conditions. If you are accessing this Site on behalf of a company or other legal entity, your use of this Site confirms that the company or other legal entity agrees to be bound by and comply with these Terms and Conditions.
We may modify these Terms and Conditions from time to time. We will endeavour to notify you of any material amendments to these Terms and Conditions by placing a notice about them on the homepage of the Site but do not guarantee to do so, therefore please review the Terms and Conditions whenever you use the Site as any changes are binding on you from the date that we make them.
We recommend that you print a copy of these Terms and Conditions for future reference.
ABOUT THIS SITE
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). Only users who are logged in to a corporate account can have access to the special corporate offers which are available for Corporate Purchases only.
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 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.
CANCELLING OR SUSPENDING YOUR USE OF THE SITE
We may suspend or cancel your registration (if applicable) and/or your right to access and use the Site after warning you thereof if we believe you have breached the Terms and Conditions.
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 cannot and do not guarantee 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.
Whilst we take reasonable steps to ensure the accuracy of the content of the Site, unless otherwise stated, we do not guarantee or 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 which we are authorised by the intellectual property owner to use. 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 prior written permission. Furthermore, any links to this Site must be notified to and approved by us before they are created or steps are taken to create the same.
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 guarantee 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 guarantee 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 any 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 any 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 could commit a criminal offence, including without limitation under any 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 local laws 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, including Corporate Purchases. 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.
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. Your order is an offer to us to purchase the products and any related services (such as personalisation or gift-wrapping) in your order form and all orders are subject to acceptance by us. When you place your order, we will send you an e-mail confirming receipt of your order and the details of your order. This email is an acknowledgement that we have received your order, and does not confirm acceptance of your order. We only accept your order, and the contract of sale for the products and any related services ordered by you ("Product Contract") is only concluded when we send you an e-mail confirming that we have dispatched the product(s) you have ordered to you ("Product Dispatch Confirmation"). We will take payment in full from you for your order when your products are dispatched save for rare and scarce products and pre-orders. Payment for rare and scarce products may be taken in advance of the dispatch of your products. Payment for pre-orders will be taken at the time you place your order. The contract for the provision of rare and scarce products and pre-orders will only be concluded when we send you the Product Dispatch Confirmation.
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.
- A gift message 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 us if you have any queries about gift wrapping or gift messages.
RARE & SCARCE PRODUCTS:
- 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 us 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.
- 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 Product 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 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.
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 us on the phone. 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 (accessible via email or in your account, as the case may be) is stated to be ‘Ordered’. Whilst the order status is ’Ordered’ amendments can be made by contacting us. 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 at any time, including when the order status is ‘Ordered’.
Although we will do our best to accommodate amendments to orders (other than orders for personalised products), we cannot guarantee 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.
PERSONALISED PRODUCTS ADDITIONAL TERMS
We offer a number of products that may be personalised with a message or date of your choice and/or a gift message. If you are ordering a personalised product or personalising your product with a gift message, 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 message.
- 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.
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, and are not responsible for, the content of any personalised message generated by customers for use on our products or gift messages.
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 these 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 message, we offer two types of personalisation:
- Engraving; and
- Hot Stamping.
Gift messages are complimentary but charges apply for the other types 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 product 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 or 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 any vehicle or undertaking 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 psycho-physiological 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 the direct sale or offer of any product of any kind or nature;
- be misleading, untrue or give false information or comparison with any other entity brand or product; or
- be for a commercial/advertising/corporate purpose (unless with our prior 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 breach.
During peak times, e.g. Christmas, we have extended delivery dates for personalised products. If you require your personalised product urgently, please contact us 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. 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 cannot guarantee 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. However, where we feel that the pricing error was obvious, and could have reasonably been recognised by you as mis-pricing, we may, at our discretion, contact you and ask you whether you wish to purchase the product at the correct price, failing which we reserve the right to cancel your order.
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 or Klarna Pay Later (online-only payment systems), 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 (€).
Cards can be saved during the checkout for faster payment on your next order.
Pay Later with Klarna. To use Klarna, the following conditions must be met: you must be at least 18 years old and the billing address provided must match your registration address (“Meldeadresse”) in Germany (the delivery address may differ from the billing address). The maximum possible amount for purchases on account with Klarna is determined by Klarna based on a credit check and varies individually. We have no influence on whether the purchase on account with Klarna is rejected. If it does not work on your first try, you may be able to try again with a lower amount. Once your order has been authorized by Klarna, you will receive an order confirmation from us. After your order has left our warehouse, you will receive your invoice by e-mail from Klarna. Starting from the date on your invoice you have 14 days to pay your order (the due date is indicated in the e-mail from Klarna). All information about the payment is stated on the invoice. If you have any further questions about buying on account with Klarna or your Klarna invoice, please contact directly Klarna customer service.
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. We will endeavour to fulfil your order by the delivery date, but all delivery dates and times are estimates only and are not guaranteed, unless expressly agreed otherwise.
All product deliveries must be signed for by an adult over the age of 18 years. A valid and current identification document (such as passport or driving licence) will be required to be presented to our delivery provider on delivery. 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 the following delivery option for products:
Depending of the order, we may also propose other delivery options.
You will be advised of the charges applicable to your delivery during the check-out process and before you submit your order. Standard delivery is included on orders over the amount specified on the Site, unless otherwise stated in the product description or during the order process, e.g. as part of a promotion or special offer.
We normally deliver products from Monday to Saturday, unless by prior arrangement.
If you have ordered a pre-order product, that product and any other products in your order will be delivered on the date the pre-order product becomes available as stated on the Site. If you require the other products you wish to order on an earlier date, please place a separate order for them.
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.
MISSED PRODUCT DELIVERY?
If you are not in to receive the products, our delivery service provider will leave a notification (on paper) in your post box that states a pick up location for your delivery (e.g. nearest post office).
In case you do not receive any notification or have any other subjects concerning your delivery please contact us. If you do not pick up your parcel within 7 working days, the parcel is returned to our warehouse and we shall 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. The products will be at your risk from the time you (or any third party identified to us by you other than the carrier) take physical possession of the products.
USE OF THE PRODUCTS
CONSUMER ORDERS ONLY: You acknowledge that any products purchased from us are for your personal, domestic and private use only (which may include their use as gifts for third parties). The products may not be resold or otherwise used for commercial or business purposes.
CORPORATE PURCHASES ONLY: You acknowledge that any products purchased from us may not be resold.
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 cancellation period in respect of products ordered by you will expire after 14 days from the day on which you acquire, or a third party other than the carrier indicated to us by you acquires, physical possession of the products.
To exercise the right to cancel, you must inform us of your decision to cancel the relevant Product Contract by a clear statement (e.g. by email). You can do this by contacting us. Please include details of your order to help us identify it. You may use the model cancellation form here (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 have cancelled a Product Contract and you have already received the products from us, you will need to contact us. 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.
CONSUMER ORDERS ONLY: 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. 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.
CORPORATE PURCHASE ONLY: Upon delivery of the products, it is your responsibility immediately to examine whether the content of the delivery matches your order and the condition of the products. In case of any differences between the products themselves and the way they were described, missing products or physically damaged products, we will not be liable to you unless you have reported any and all such differences, missing products or damage in specific detail in an email to us within 48 hours of delivery. You must retain any and all physically damaged products for inspection within 4 weeks by us.
In the event that you subsequently makes a claim in relation to the quality of the content of the products, for example a bottle of wine which is corked, you shall notify us and we shall be liable to you only if, in each case, a minimum of two-thirds of contents of the bottle and the original cork is returned to us within 7 days of you becoming aware of the quality issue.
Where we are satisfied that any claim relating to the matters set out above is correct, we shall (at our sole option) either replace the product in question or refund any sums paid by you in respect of the product in question but we shall have no further liability (whether in contract, tort, negligence or otherwise) to you in respect of the same.
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 our 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 our 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 email 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. Our 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 email from us or the Third Party Supplier confirming receipt of your order. This email 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 our 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 are responsible for ensuring that you have the correct documentation (including valid identification documents, passports and/or visas) required to travel to the location of any Experience you book. 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 our 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.
You can contact us for any questions about MH Germany Experiences and Third Party Experiences.
You may also book tickets for any of the Experiences by calling our Customer Care Advisors. Orders placed by telephone will be subject to these Experience Terms and any applicable Additional Experience Terms (including Third Party Terms where applicable).
AMENDMENTS TO EXPERIENCE ORDERS
Once you have placed an order for a MH Germany Experience, except as specified above 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 us 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 for Experiences must be made by credit or debit card. For payments by credit or debit cards, we accept Amex, Mastercard or Visa. Payments are debited in Euro (€).
For MH Germany Experiences: For most MH Germany Experiences, your 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 place 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
For MH Germany Experiences: 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’, ‘Receiving SMS & Product Delivery Slot’, ‘Product Delivery Restrictions and Exclusions’ and ‘Missed Delivery’ in Section B 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 our Customer Care Advisors.
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 us.
USE OF EXPERIENCE TICKETS
Tickets for MH Germany Experiences are for sale to customers and their guests only. Tickets for MH Germany Experiences are personal revocable licences (Namenspapiere mit Inhaberklausel under Section 808 German Civil Code) and remain our property 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 applicable 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 affected 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 or the Terms and Conditions. No refunds will be given where you are refused entry or ejected due to your own behaviour or your breach of these Experience Terms or the Terms and Conditions.
- 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 people 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. Any recording made of any part of an MH Germany Experience in breach of these Experience Terms will belong to us and you agree to assign any and all rights in any such recordings to us. Notwithstanding anything else in these Experience Terms, we will not be responsible for any loss, theft or damage to confiscated items.
- By booking a MH Germany Experience and attending a MH Germany Experience, you understand and acknowledge that our representatives, sub-contractors and the venue operator may photograph, film and/or record you during the MH Germany experience and (without further reference, payment or other compensation) MH Germany may use, reproduce, exploit, display, publish, transmit, copy, edit, alter and/or store any such photograph, film or recording throughout the world and for any purpose (including marketing and promotional activity) and in any media, whether now known or invented in the future. For more information in relation to how MH Germany processes personal data please see MH Germany 's Privacy Notice.
- There are 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: VOUCHER CODES
USE OF VOUCHER CODES
We may issue codes for special promotions that we are running on the Site from time to time. Each promotion will have its own specific terms, however the following terms will apply to all promotion voucher codes unless the terms of the promotion expressly state otherwise:
- A promotion voucher code can only be used once, by a single user.
- A promotion voucher code must be used by the expiry date of the relevant promotion.
- Promotion voucher codes cannot be used in conjunction with any other voucher code.
- Promotion voucher codes cannot be exchanged for cash and cannot be used to purchase any product bundles or Experiences.
- Promotion voucher codes cannot be sold, transferred, copied, reproduced or altered.
- We reserve the right to change the list of products excluded from the promotion (as the case may be) during the promotion duration.
- We reserve the right to change the terms and conditions of any promotion where circumstances beyond our control make this unavoidable.
SECTION E: GENERAL TERMS & CONDITIONS
We will not be liable to any Site user for any loss or damage, whether in contract, tort (including negligence), breach or statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use or, or inability to use, our Site.
- Use of or reliance on any content displayed on our Site other than where the content forms a term of a Product Contract or an Experience Contract.
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. All other warranties (whether express or implied) are excluded to the fullest extent permissible by law.
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. All other warranties (whether express or implied) are excluded to the fullest extent permissible by law. 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 will be responsible for loss or damage you suffer which is a foreseeable consequence of our breach of these Terms and Conditions or our negligence, but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach of these Terms and Conditions or if the loss or damage could be contemplated by you and us at the time your order is accepted by us.
We shall have no liability (whether in contract, tort, negligence, breach of statutory duty or otherwise) for any indirect, consequential or special loss (including, without limitation, loss of business, loss of business opportunity, business interruption, loss of goodwill and loss of reputation) or loss of profits.
Our maximum liability for losses or damages you suffer as a result of our breach of these Terms and Conditions in relation to any Product Contract is limited to the purchase price of the product(s) you purchased.
Our maximum liability for losses or damages you suffer as a result of our breach of these Terms and Conditions in respect of any Experience is limited to the price you have paid for that Experience.
Nothing in these Terms and Conditions excludes or limits in any way our liability:
- for death or personal injury caused by our negligence;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability (in particular under the German Product Liability Act).
Nothing in these Terms and Conditions shall 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 strikes, lock-outs or other 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, pandemic 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 transfer, assign, charge, sub-contract or otherwise dispose of your contract or any of our rights or obligations arising under it, at any time during the term of the order, provided your legal rights (and for CONSUMER ORDERS ONLY your 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.
CORPORATE PURCHASES ONLY: Section 354a of the German Commercial Code (HGB) shall remain unaffected.
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 and attempt to resolve the dispute with us informally.
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).
SEVERABILITY & WAIVER
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.
No waiver by us of any breach of these Terms shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
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.
CORPORATE PURCHASES ONLY: For Corporate Purchases, the owners of the relevant Trade Marks shall be entitled to rely on the provisions of the Intellectual Property section of these Terms and Conditions to take direct enforcement action if necessary.
CORPORATE PURCHASES ONLY: No other terms of you, notably general terms and conditions, shall apply, irrespective of whether or not we have expressly rejected them. These Terms and Conditions shall also govern exclusively even if, with knowledge of your other provisions, we accept or effect contractual performance without reservation.
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 us. We merely act 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.
We each acknowledge that, in entering into a Product Contract or Experience Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these Terms and Conditions or any document expressly referred to in them. We intend to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Product Contract or Experience Contract.
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 Terms and 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.
Any dispute or claim arising out of or in connection with these Terms and Conditions, any Product Contracts and/or Experience Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of Germany.
Email us at CONTACT.DE@HELP.CLOS19.COM.
Call our Customer Care Advisors on 0698 679 8102. Opening hours:
- From 9 am to 6 pm Monday - Friday
- From 10 am to 6 pm on Saturday
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.