TERMS & CONDITIONS
Version dated 28/03/2023.
INTRODUCTION
This website (“Site”) is operated by Moët Hennessy UK Limited ("we” or “us”), a company incorporated in England under company number 0371236, with registered office is at 18 Grosvenor Gardens, London SW1W 0DH and with registered VAT number is GB238953231.
These Terms and Conditions are divided into several sections:
- Section A contains the terms that apply to your access to and use of the Site whether or not you order any products or make any bookings through the Site (“Terms of Use”).
- Section B contains the additional terms that apply to any orders for products and related services that you place through the Site (“Product Terms”).
- Section C contains the terms of use for the CLOS19 Loyalty Programme ("Loyalty Programme Terms of Use") that apply to consumer orders only.
- Section D contains the
- 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.
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, and how we use cookies, also applies to you.
SECTION A: TERMS OF USE
ABOUT THIS SITE
The Site provides users with details about our products, and gives you the opportunity to purchase certain of our goods.
You may browse the Site, purchase goods and related services, 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). CLOS19 loyalty scheme benefits are only available to registered members and for consumer orders only (see section C).
AGE RESTRICTION
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, 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 without prior notice 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 immediately and without notice at any time 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.
- 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.
VIRUSES
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. 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 be committing a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate 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 hosted in the United Kingdom and complies with the laws of the United Kingdom.
We do not represent that content available on or through our Site is appropriate or available in other jurisdictions. We may limit the availability of our Site, or any service or product described on our Site to any person or geographic area at any time. This Site is not directed at persons in a jurisdiction where the Site’s publication or availability is prohibited for any reason and any person to whom such a prohibition applies must not access the Site. Those who access the Site do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws or regulations.
Our Site is directed to people residing in the United Kingdom and we only deliver to addresses within the Mainland United Kingdom and the Isle of Man. If you are based outside the United Kingdom or the Isle of Man, you may access our Site and place orders through our Site for delivery to an address in the United Kingdom or the Isle of Man 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
INTRODUCTION
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 via the Site, including for corporate purchases, unless otherwise stated. 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.
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 complete 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. We are under no obligation to accept any order placed with us.
When you place your order, we will send you an email 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 between you and us when we send you an email confirming that we have dispatched the product(s) you have ordered to you (“Product Dispatch Confirmation"). Once you press the ‘Pay Now’ button, you have given us permission to process your order as requested.
We will take payment in full form you for your order when your products are dispatched save for, payment for rare and scarce products and pre-orders. 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.
If we are unable to supply you with one or more product(s) that you have ordered, we may contact you to inform you of the cancellation of your order in relation to such product(s). If your order is cancelled (partially or in full) and we have taken payment from you, we will refund you the full amount you have paid for the corresponding product(s) and related services including any delivery costs (as the case may be) as soon as possible.
GIFTS
- We send our products in their original presentation boxes where the product has a presentation box. 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 messages can be added to an order free of charge for the order as a whole. Gift messages must comply with the personalised product requirements, please see the ‘Personalised Products Additional Terms’ below.
RARE & SCARCE PRODUCTS
- We offer a number of rare or scarce products that may not be available to purchase directly through our Site. 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. This will be made clear on the relevant pages for such products with the message ‘Item is not available online’ or similar.
- 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 their provision 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 may 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.
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 cannot be amended once placed. If you no longer want the products you have ordered you will need to cancel your order (as set out below).
PERSONALISED PRODUCTS ADDITIONAL TERMS
We offer a number of products that may be personalised with a message of your choice. If you are ordering a personalised product or personalising your order with a gift message, the following terms will apply to your order:
- We may offer different types of personalisation, which will be identified on the relevant product or category page.
- For each type of personalisation or gift message, there are restrictions based on the size of the product and the format in which we are able to personalise..
- Your personalised message can only include Latin alphabetical letters, standard figures, and a selection of other special signs as available on a standard UK QWERTY keyboard.
- Your personalised message must be personal/private in nature.
- 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.
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 message.
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 any event, your personalised message must also not:
- be illegal, detrimental, adversarial, profane, objectionable, defamatory, abusive, offensive, violent, racist, sexist, discriminatory in any way, 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 consumers, makes them brighter, stronger, and helps them 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 direct 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 commercial/advertising/corporate purposes (unless with our prior consent).
You are solely responsible for the content of your personalised message (for example if the message infringes on 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.
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.
PRODUCT DESCRIPTIONS
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 in images on our Site.
PRODUCT PRICES
All prices shown on our Site are in Pounds (£) Sterling and are inclusive of VAT. Payments are debited in Pounds (£) Sterling.
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 a mispricing, 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 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 a 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.
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.
- A promotion voucher code cannot be exchanged for cash and cannot be used to purchase any product bundles.
- A promotion voucher code 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.
DELIVERY OF PRODUCTS
On completion of your order, you will receive a tracking number with your Product Dispatch Confirmation email.
We will endeavour to fulfil your order within the delivery window set out in the Product Dispatch Confirmation, but all delivery dates and times are estimates only and are not guaranteed.
All product deliveries must be signed for by an adult over the age of 18 years. A valid and current identification document (such as a 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 a standard delivery option for products. We may have a reduced delivery schedule at various times of the year and during peak times, e.g., Christmas, we may have extended delivery dates. We are not responsible for delays outside our control.
You will be advised of the charges applicable to your choice of delivery during the check-out process and before you submit your order. Standard delivery is included on orders over the amount specified on the website, unless otherwise stated in the product description or during the order process, e.g., as part of a promotion or special offer.
If you have ordered a pre-order product, that product and any other products in your order will be delivered from 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.
RECEIVING SMS, eMAIL OR PHONE CALL & PRODUCT DELIVERY SLOT
By providing us with your contact (email or phone number), you will be contacted by the carrier before the delivery.
PRODUCT DELIVERY RESTRICTIONS AND EXCLUSIONS
We only deliver products to addresses within the mainland United Kingdom and the Isle of Man. We are unable to deliver to Jersey, Guernsey, and Northern Ireland.
MISSED PRODUCT DELIVERY?
If you are not in to receive the products, you should follow the links provided by the carrier (as the case may be) to re-arrange your delivery, or contact us. 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. 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
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.
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 is explained in more detail in this section. This right to cancel does not apply in the case of personalised products ordered by you or sealed items if they have been opened 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., a letter sent by post or 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 (CONSUMER ORDERS ONLY)
We ask you to return your goods in their original packaging, within 14 days of notification of cancellation (unless defective).
You will need to obtain proof of postage receipt when sending your items to us. Proof of postage does not cost anything but without it, we may not be able to process your refund or replacement in the rare event your item is lost in transit.
Please do not send your products back without letting us know first. We will provide you with a prepaid return label to be used for the return.
Once we have received your items a member of the team will confirm via email and process your refund.
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 the value of any products supplied to you if the loss or reduction is the result of unnecessary handling of the products by you. 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 following receipt of the returned product for inspection. Reimbursement of the costs of delivery for partial cancellation will be at our sole discretion.
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 a different card. You will not incur any fees as a result of the reimbursement.
If you have cancelled a Product Contract and you have already received the products from us, you will need to contact us.
DEFECTIVE PRODUCTS
CONSUMER ORDERS ONLY: Following the expiry of your right to cancel (as described in the ‘Your Right to Cancel a Product Contract’ section above) 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 or a sealed product) that is not of satisfactory quality or fit for purpose or does not comply with your order please contact us as soon as possible.
For return, defective products must be 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 from you 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 following receipt of the returned product for inspection.
Your legal rights regarding products which are faulty or misdescribed are not affected by your right of return and refund or any other provision of these Product Terms.
MISSING, INCORRECT OR DAMAGED PRODUCTS
CONSUMER ORDERS ONLY: Upon delivery of the products, it is your responsibility to immediately examine whether the content of the delivery matches your order and check 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 expressed there to the carrier during delivery, as well as report any and all such differences, missing products or damage in specific detail via an email to us within 14 days from the day the products are delivered to you. Please provide details of your order in your email to help us identify it, including images of the product or order damaged, the name of the missing or incorrect products and the order number.
Please do not dispose of any of the products before further instructions are given to you by our Customer Care Advisors as we may provide you with a prepaid return label to be used for returning relevant products. Products must be unopened (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.
When products are inspected upon return, if we are satisfied that they are incorrect or damaged and/or do not comply with your order, we will refund the full price of the products, together with any delivery charges, as the case may be. We will process the refund due to you within 14 days.
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 by us for 4 weeks.
SECTION C: LOYALTY PROGRAMME TERMS OF USE
The terms in this Section C ("Loyalty Programme Terms of Use") apply to the use of the loyalty programme by members. These Loyalty Programme Terms of Use apply without prejudice to the provisions of the general terms set out in Section A and B above, in their respective areas of application. The general provisions of Section D apply in addition to the provisions set out in Section C.
The Clos19 loyalty programme (the “Programme”) is a programme offered by MOËT HENNESSY U.K. LIMITED a company registered in England and Wales under company number 371236, whose registered office is at: 18 Grosvenor Gardens, London SW1W 0DH, United Kingdom and with VAT number GB238953231 and MOËT HENNESSY SAS, with share capital of €428,730,036 having its registered address at 24-32 rue Jean Goujon – 75008 Paris, registered under N° 338 228 414 RCS Paris and with VAT number FR70338228414 (hereinafter collectively referred to as the “Company”).
The Programme allows anyone who has created an account to become a member (the “Members” or the “Member”), to collect loyalty points giving Members access to commercial benefits and allowing them to access the membership statuses as detailed below, according to the value of eligible purchases, as consumers orders, made using the website www.Clos19.com (the “Site”).
Some points will be “bonus points”: granted to the Member by Clos19 and not related to any purchase (such as the 10 welcome points), these points will count in the points balance of the Member to get loyalty gifts but won’t be taken into account to define his/her loyalty status.
The use of the Programme by Members is subject to these general terms of use (the “Terms of Use”). Entering into the Programme (as detailed below) will constitute confirmation that a Member has read and agreed to these Terms of Use.
If you are a Member, we will provide you with at least thirty (30) days’ advance notice of any changes to the Terms of Use, unless any change is due to a change in law or for security reasons (in which case we may need to change the Terms of Use on shorter notice). If you do not wish to continue using the Site following the changes to the Terms of Use, you can cancel your agreement to the Terms of Use in accordance with the conditions set out below.
ACCESS TO THE PROGRAMME
The Programme is only available to Members who have reached the legal age for consuming and/or purchasing alcoholic beverages in accordance with the legal provisions in force in their country of residence (the oldest age shall prevail in the event of a conflict).
The Programme is only available to Members who placed consumer orders as defined in the Terms and Conditions of the Site (the corporate purchases being excluded from the Programme).
Offers under this Programme cannot be used with other offers or discounts from which the Member would already benefit.
The Programme is available free of charge when creating an account on the Site. As the membership of the Programme is displayed entirely online, no physical card is given to Members.
Membership of the Programme is single and valid for all countries in which the Site is available: multiple accounts attached to the same individual are therefore not allowed.
Any individual, as a consumer, who already has an account on the Site before the launch of the Programme automatically becomes a Member of the Programme and is granted Invited status. Each Member has the option of suspending or reactivating their membership of the Programme via their customer account by un-checking or re-checking the following box "[X] By unchecking the option, I suspend the advantages of the Loyalty Program" / [ ] By checking the option, I want to benefit again from the advantages of the Loyalty Program"
Any individual who has not created an account but has completed a purchase as a consumer order on the Site prior to the launch of the Programme and who has decided to create an account with the same e-mail address as the one used for previous purchases automatically becomes a Member of the Programme and receives the benefits of Guest status.
CONDITIONS FOR EXITING THE PROGRAMME
As its sole discretion, the Company reserves the right to suspend or terminate any Member’s access to the Programme, without prior notice and without entitlement to any compensation whatsoever, if the Company has any reason to believe that the relevant Member has materially breached the Terms of Use or the General Terms and Conditions of the Site, or is involved in fraudulent or other criminal activity relating to the Company, including in the following cases:
- Creation of multiple accounts by a single individual;
- Cumulation of the benefits of the Programme with other exclusive offers/discounts already available to the Member;
- Inappropriate use or misuse of the Programme, notably when orders are placed (or where we have reason to believe orders are placed) for resale or otherwise used for any commercial or business purposes;
- Non-compliance with the Terms of Use.
Exclusion and termination of the Programme will result in the loss of the benefits and loyalty points collected with no possibility for the Member to demand any compensation.
If the Member does not wish to benefit from the Programme, he/she may suspend his/her access by unchecking the box "[X] By unchecking the option, I suspend the advantages of the Loyalty Program" . In such event, the Member’s loyalty points will be frozen from when he/she unchecks the box and will be held until their usual expiry date (twelve months from acquisition). Any unexpired loyalty points may be used by the Member only after he/she re-checks the box. During the time that the box is unchecked, the Member may continue to make online purchases on the Site via his/her customer account but will not be able to take advantage of any benefits of the Programme. The Member may also choose not to use his/her account when making online purchases by clicking on the “Checkout as a guest” box.
STATUSES OF THE PROGRAMME
The Programme includes 6 statuses defined below:
Status |
Conditions |
Benefits |
Invite |
Status awarded to Members who have not made any purchase since the Programme was set up or who have not made a purchase within the last 24 months of the operation of the Programme. |
10 welcome bonus points, only credited upon creation of the client account or transfer of an existing client account during the operation of the Programme |
Enthusiast |
Status awarded to Members who have collected at least 1 loyalty point (excluding bonus points) and less than 150 points over the last 24 months. |
1 free valid for any purchase above 80€ an valid 90 days |
1 special offer for the Member’s birthday |
||
Epicurean |
Status awarded to Members who have collected at least 150 loyalty points and less than 500 loyalty points over the last 24 months. |
1 free valid for any purchase above 80€ an valid 90 days |
1 special offer for the Member’s birthday |
||
Invitation to private sales |
||
Connoisseur |
Status awarded to Members who have collected at least 500 loyalty points and less than 2000 loyalty points over the last 24 months. |
1 free valid for any purchase above 80€ an valid 90 days |
1 special offer for the Member’s birthday |
||
Invitation to private sales |
||
1 special offer for the anniversary of the Member’s 1st Clos19 order as a member of the Programme |
||
Sommelier |
Status awarded to Members who have collected at least 2000 loyalty points and less than 4000 loyalty points over the last 24 months. |
1 free valid for any purchase above 80€ an valid 90 days |
1 special offer for the Member’s birthday |
||
Invitation to private sales |
||
1 special offer for the anniversary of the Member’s 1st Clos19 order as a member of the Programme |
||
Invitation to exclusive preview sales |
||
Cellar Master |
Status awarded to Members who have collected at least 4000 loyalty points over the last 24 months. |
1 free valid for any purchase above 80€ an valid 90 days |
1 special offer for the Member’s birthday |
||
Invitation to private sales |
||
1 special offer for the anniversary of the Member’s 1st Clos19 order as a member of the Programme |
||
Invitation to exclusive preview sales |
||
Invitation to special Masterclasses and events organised by the Company or any Maison of the MOËT HENNESSY group. |
||
2 exclusive gifts sent by the Clos19 team |
Status benefits will be awarded when the Member reaches the corresponding level of loyalty points earned over the last 24 months, even if the Member has been able to use some of these loyalty points to convert them into gifts. The bonus points, granted by Clos19, are not related to any purchase.
The loyalty points are allocated at the end of the period during which the Member has the right to cancel their order (as applicable, as set out in the terms of sale for that purchase). The Member's status, established according to the total number of loyalty points accumulated (excluding the bonus points), will therefore be updated at the end of this period.
The status is automatically calculated each day by taking into account all the loyalty points accumulated over the last 24 months except for bonus points, and may change positively or negatively. The Member will only be notified of a change in his/her status when the evolution is positive and can, at any time, know his/her status as well as his/her loyalty points balance via his/her personal account on the Site.
PROGRAMME LOYALTY POINTS
Each Member obtains 10 bonus points when creating an account on the Site or when transferring an existing customer account when the Programme is launched;
The collection of loyalty points works as follows:
- £1 spent earns 1 loyalty point; the point amount of an order is a whole number with no decimal which stands for the lower rounding of the total amount spent by a Member after any rebate as the case may and before any delivery charge.
- Each loyalty point is valid for 12 months from its date of allocation, i.e. at the end of the period during which the Member has the right to cancel their order (14 days);
- Each loyalty point used to obtain one of the gifts below is automatically and immediately deleted from the Member's balance;
- Loyalty points cannot be accumulated with any other offer;
- Loyalty points are only awarded for qualifying purchases made during the period of operation of the Programme. No loyalty points will be awarded for purchases made before the commencement of the Programme, or while the loyalty membership of the Member is deactivated;
- Some preferential offers may not result in the allocation of loyalty points on the purchase benefiting from them (the Company is free to define the preferential offers giving rise, or not, to the allocation of loyalty points).
- A Member's balance of loyalty points cannot be negative. Loyalty points cannot be transferred or exchanged in whole or in part for cash, cheques, wire transfers, digital assets, vouchers or any other value.
Loyalty points are allocated to the Member if the Member identifies him/herself at the time of his/her purchase. If they do not, or if they use a different ID from the one they entered when creating their account, or if the orders are placed (or where we have reason to believe orders are placed) for resale or otherwise used for any commercial or business purposes, the loyalty points will not be credited to their account. Loyalty points cannot be added retrospectively for any purchase.
The collection of loyalty points allows the Member to exchange them for the following products (the “Gift” or the “Gifts”), with a minimum purchase of £80 (excluding delivery costs): [link to the Gifts brochure]
Any request for the refund of loyalty points (in the event of the unavailability of a previously received damaged Gift) must be made within one month of the purchase and to the attention of the Company’s customer service department.
The Company reserves the right to deduct all or part of the loyalty points balance of a Member who has acquired his or her loyalty points under conditions that do not comply with the present Terms of Use.
Expired loyalty points or expired status benefits will not be extended beyond their expiration date.
Loyalty points cannot be collected when purchasing any experiences sold on the Site.
Gifts exchanged for loyalty points are not exchangeable nor refundable.
CASE OF RETURNS, REFUNDS AND RETRACTIONS OF ORDERS
If, in accordance with the General Terms and Conditions of the Site, a refund is issued by the Company, the loyalty points attributed to the amount paid by the Member for this purchase shall be automatically deducted from the Member's loyalty points balance.
If the Member must return an order containing a Gift, he/she must also return the Gift, which will immediately re-credit the loyalty points for which the Gift was exchanged.
If the Member requests a refund because the Gift in their order arrives damaged, they will not be able to obtain a refund of the Gift in pounds sterling. Nevertheless, Clos19 Customer Service will resend the Gift. If the Gift is no longer in stock, the Member will be offered a choice of alternative Gifts of an equivalent value.
USE OF MEMBERS PERSONAL DATA
Processing of personal data of the Members in the Programme is performed in compliance with the “Privacy Policy” available on the Site.
RESPONSIBILITY OF CLOS19
The Company endeavours to ensure, as far as reasonably practicable, that the information provided on the Programme is accurate and up to date.
The Company reserves the right to end the Programme for any reason and with no entitlement to compensation to any Member. In such event, Members shall retain their benefits and loyalty points until their expiry date.
SECTION D: GENERAL TERMS & CONDITIONS
OUR LIABILITY
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- Use of, 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.
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 the 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 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 was accepted.
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.
Nothing in these Terms and Conditions excludes or limits in any way our liability:
- for death or personal injury caused by our negligence;
- defective goods under the Consumer Protection Act 1987;
- 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, including under section 31 of the Consumer Rights Act 2015.
Nothing in these Terms and Conditions shall affect your legal rights. For information about your legal rights, contact your local Citizens Advice Bureau or visit the Citizens Advice website at www.citizensadvice.org.uk.
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 another 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:
- we will contact you as soon as reasonably possible to notify you;
- our obligations under that Product 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
- we cannot perform our obligations under a Product 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 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 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: 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.
RESOLVING DISPUTES
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.
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 provisions 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.
ENTIRE AGREEMENT
These Terms and Conditions and any Product Contract concluded between you and 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 you and us in relation to the subject matter of any Product Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.
We each acknowledge that, in entering into a Product Contract, neither you, nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and 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.
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, 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 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, any Product 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 English law.
if you are a consumer resident in Scotland, you will benefit from any mandatory provisions of Scottish law. Nothing in these Terms and Conditions, including the paragraph above, affects your rights as a consumer to rely on the mandatory provisions of such local laws.
Any dispute or claim arising out of or in connection with these Terms and Conditions, any Product Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England, and if you are a consumer resident in Scotland, you may also bring proceedings in Scotland.
CONTACT
Email us at contact.uk@help.clos19.com.
Our Customer Care Advisors are available on 0207 660 60 69 during the following opening hours:
- Monday – Friday: from 8 am to 5 pm
- Saturday: from 9 am to 5 pm
We welcome your feedback and comments about the Site, as well as enquiries about the products 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.
UK MODERN SLAVERY ACT STATEMENT
This statement is made pursuant to Section 54 of the Modern Slavery Act 2015 and sets out the steps Moët Hennessy UK Limited (“MHUK”) has taken during its financial year ending 31 December 2021 to ensure that slavery, servitude, forced or compulsory labour, and human trafficking (collectively, "Modern Slavery") is not taking place in any part of its business or in its supply chains.
Click here to view the full statement.