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Terms & Conditions

  • Introduction

    Version dated August 2020

    These Terms and Conditions of Sale (“Terms and Conditions”) apply when you order products through this website ("Site"). The Site is operated by Moët Hennessy Germany GmbH. Moët Hennessy Germany GmbH (“MH Germany”, "we" or "us ") is a company incorporated in Germany under company number HRB 42106. Our registered office is at Seidlstraße 23, 80335 München and our registered VAT number is DE 129418777.

    • Section A of these Terms and Conditions contains the terms that apply to your access to and use of the Site whether or not you order any products through the site ("Terms of Use").

    • Section B of these Terms and Conditions contains the terms that apply to any orders for products that you place through the Site ("Product Terms").

    • Section C of these Terms and Conditions contains general provisions that apply to any and all products you order you make through the Site.

    Please read these Terms and Conditions carefully before you place an order.

    We may modify these Terms and Conditions from time to time.

    We recommend that you print a copy of these Terms and Conditions for future reference.

    Our Privacy & Cookies Notice which explains what information we will collect from you when you use the Site and how we will use this information also applies to you.

Section A: Terms of Use

  • About This Site

    The Site is provided for personal, non-commercial use. The Site provides users with details about our products. You may browse our Site, purchase goods 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).

  • 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 via the Site. If you are underage, please do not attempt to use the Site, register for an account or place orders 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 through this Site.

  • ACCOUNT REGISTRATION & SECURITY

    If you choose to register for an account with our Site, you must ensure that the information that you provide on registration or at any other time is correct, up to date and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal information in order that we can communicate with you effectively.

    Please note that your registration is non-transferable.

    When you register to use the Site you will be asked to create a password. You must keep this password secure and confidential and must not disclose it to, or share it with, anyone. If you know or suspect that someone else knows your password or is using your account you should contact us at contact.de@help.eminente.com immediately.

    If we have reason to believe that there has been or is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend or cancel your account and your access to and use of the Site after warning you thereof and without responsibility or liability to you.

    You can cancel your registration at any time by contacting us at contact.de@help.eminente.com.

  • 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.

    Please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it. Whilst we take reasonable steps to ensure the accuracy of the information accessed via this Site, unless otherwise stated, we do not 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 licensed to us. Anyone accessing this Site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for commercial gain without our express written permission. 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:

    • 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 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 viruses, trojans, worms or other matter which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

  • LOCAL LAWS & REGULATIONS

    Our site is directed to people residing in Germany and we only deliver to addresses within Germany. If you are based outside Germany, you may access our Site and place orders through our Site for delivery to an address in Germany, however, you do so entirely at your own risk and you are responsible for compliance with applicable law or regulations. You may not access our Site or place orders through our Site where local law or regulations provide that it is unlawful for you to do so.

Section B: Product Terms

  • INTRODUCTION

    The terms in this Section B ("Product Terms") apply to any order for products and related services, that you place with us via the Site. You will be asked to confirm your acceptance of these Product Terms whenever you place an order.

    Some of the provisions contained in these Product Terms may be superseded or supplemented by additional terms and conditions or notices published elsewhere on the Site. These will be drawn to your attention where they are applicable to you. In the event that there is any conflict between these Product Terms and any additional or supplemental terms on the Site ("Additional Product Terms"), the Additional Product Terms shall prevail.

  • AGE RESTRICTION

    You must be at least 18 years of age to place orders via the Site. If you are underage, please do not attempt to place orders via the Site.

    You will be asked to confirm your age each time you place an order through this Site. Furthermore, all product deliveries must be signed for by an adult over the age of 18 years. A valid and current identification document (such as ID card, passport or driving licence) will be required to be presented to our delivery provider on delivery.

  • PLACING YOUR ORDER

    To place an order via the Site, please follow the instructions on the Site. You will be given the opportunity to check the details of your order and to amend any errors before you confirm your order.

    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.

    Gifts:
     

    • 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.
    • Please contact our Customer Care Advisors if you have any queries about gift wrapping.
  • AMENDMENTS TO PRODUCT ORDERS

    Product orders can only be amended whilst the order status is stated to be ‘Ordered’. Whilst the order status is ’Ordered’ amendments can be made by 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).

    Although we will do our best to accommodate amendments to orders, we do not warrant that we will be able to meet your requirements within the original delivery date. Any revised delivery date will be notified to you when we agree the amendments to your order.

  • 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 on images on our Site.

  • PRODUCT PRICES

    All prices shown on our Site are in Euro (€) and are inclusive of VAT.

    Our Site contains a large number of products, and it is possible that, despite our best efforts, some of the products listed on our Site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures.

    Where we discover that a product's correct price is less than the price stated on the Site, we will charge you the lower amount and will refund the difference to you. If a product's correct price is higher than the price stated on our Site, we will normally honour the stated price.

    Our prices do not include delivery charges. Where delivery charges apply, you will be advised of during the check-out process and before you submit your order.

    Payment for products must be made by either using PayPal, an online-only payment system, or credit or debit card. Payments by PayPal will require you to have a PayPal account. For payments by credit or debit cards, we accept Amex, Mastercard or Visa. Payments are debited in Euro (€).

  • DELIVERY OF PRODUCTS

    We will endeavour to fulfil your order by the delivery date set out in the Product Dispatch Confirmation, but all delivery dates and times are estimates only. Subject to any rescheduling by you (see below), if your products are not delivered on the correct day, we will refund your delivery charges.

    All product deliveries must be signed for by an adult over the age of 18 years. 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 1 types of delivery service for products:
     

    • Standard: 0 €


    We normally deliver products between 8am and 6pm Monday to Saturday. For Standard delivery, orders must be placed before 2pm, two working days in advance.

    Please note, that orders placed on a Friday after 2pm, using the Standard service will not be delivered until the following Tuesday, or the following Wednesday if the Monday is a bank holiday.

    We do not offer delivery on Sunday or bank holidays, and we may have a reduced delivery schedule at various times of the year, e.g. Christmas.

  • TRACKING YOUR ORDER

    By providing us with your mobile number during the checkout process, you will receive a SMS when your product delivery is due.

  • PRODUCT DELIVERY RESTRICTIONS AND EXCLUSIONS

    We only deliver products to addresses within Germany, except Helgoland.

    We do not offer delivery on Sunday or bank holidays, and we may have a reduced delivery schedule at various times of the year, e.g. Christmas.

  • MISSED PRODUCT DELIVERY?

    If you are not in to receive the products, we will leave a notification (on paper) in your post box that, depending on the courier used:

    • either states the telephone number you will have to call to arrange a second delivery attempt
    • or states a pick up location for your delivery (e.g. nearest post office)
    • or states the date of the second delivery attempt In case you do not receive any notification or have any other subjects concerning your delivery please contact our Customer Care Advisors.


    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.

  • PERSONAL USE

    You acknowledge that this Site is for sales to consumers only and any products purchased from us are for your personal, domestic and private use only (which may include their use as gifts for third parties).

    If you are a corporate partner or would like to hear about corporate partner opportunities, please contact our Customer Care Advisors.

  • 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.

    The right to cancel a contract does not apply to bookings for Experiences. Please refer to the Experience Terms and Conditions below for more details.

    To exercise the right to cancel, you must inform us of your decision to cancel the Product Contract by an unequivocal statement (e.g. letter sent by post, telefax or e-mail). You can do this by writing to us at Moët Hennessy Germany GmbH- Eminente, Seidlstraße 23, 80335 München, or by telephone: 0800 5892 681 or 069 2222 4428 or via e-mail at . Please include details of your order to help us identify it. You may use the model cancellation form (but it is not obligatory for you to do so).

    To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

  • EFFECTS OF CANCELLATION

    If you wish to cancel a Product Contract and you have already received the products from us, you will need to contact our Customer Care Advisors. 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.

  • DEFECTIVE PRODUCTS

    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 that is not of satisfactory quality or fit for purpose or does not comply with your order, please contact us at or by contacting our Customer Care Advisors. We may arrange to collect the relevant products free of charge from the address to which they were delivered at an agreed date. Products must be un-opened (where applicable), and otherwise in the same condition in which you received them, and securely packaged in the original packaging in which they were delivered to you. We will bear the cost of returning the defective products that are returned to us in accordance with the instructions given to you by our Customer Care Advisors.

    When products are inspected upon return, if we are satisfied that they are not of satisfactory quality or fit for purpose and/or do not comply with your order, we will refund the full price of the products, together with any delivery charges. We will process the refund due to you within 14 days.

    If you are seeking to exchange a defective product for another product, we will process the exchange as soon as reasonably practicable, and, the replacement product will be subject to these Product Terms. Where the replacement product is of a lesser value than the exchanged product, we will process any refund due to you within 14 days of the day you have given notice of your desire to exchange the defective product for another product and upon receipt of the returned products.

    Your legal rights regarding products which are faulty or mis-described are not affected by your right of return and refund or any other provision of these Product Terms. Please note that the statutory warranty period for defective products is 2 years from delivery of the products to you.

SECTION C: GENERAL TERMS & CONDITIONS

  • OUR LIABILITY

    Subject to the following provisions, our statutory liability for damages shall be limited as follows:

    We shall be liable only up to the amount of damages as typically foreseeable at the time of entering into the contract in respect of damages caused by a slightly negligent breach of a material contractual obligation (i.e. a contractual duty the fulfilment of which is essential for the proper execution of the contract, the breach of which endangers the purpose of the contract and on the fulfilment of which you regularly relies);

    We shall not be liable for damages caused by a slightly negligent breach of a non-material contractual obligation.

    The aforesaid limitation of liability shall not apply to any mandatory statutory liability (in particular to liability under the German Product Liability Act), liability for assuming a specific guarantee or liability for damages caused by wilful misconduct or gross negligence, or any kind of wilfully or negligently caused personal injuries.

    To the extent our liability is limited or excluded, the same shall apply in respect of any personal liability of our legal representatives, employees and vicarious agents.

    We are under a legal duty to supply products that are in conformity with our contract with you. We warrant to you that any product purchased from us through our Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

    We only provide our Site for private non-commercial use. You agree not to use our Site for any commercial, trade or business purposes.

    Nothing in these Terms and Conditions will affect your statutory rights.

  • EVENTS OUTSIDE OUR CONTROL

    We will not be liable for delay in performing, or failure to perform, if such delay or failure results from events, circumstances or causes beyond our reasonable control, including without limitation 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 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:

    • 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
    • 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 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 and consumer rights are not prejudiced. This will not affect your rights or obligations under these Terms and Conditions.

    You may not transfer, assign, charge, sub-contract or otherwise dispose of the order, or any of your rights or obligations arising under it, unless we agree in writing.

  • 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 at and attempt to resolve the dispute with us informally. You can also write to us at FAO: Moët Hennessy Germany GmbH- Eminente, Seidlstraße 23, 80335 München.

    If a dispute cannot be resolved informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration, based on the nature of the dispute.

    If you wish to have more information on online dispute resolution, please follow this link to the website of the European Commission: http://ec.europa.eu/consumers/odr/. This link is provided as required by Regulation (EU) No 524/2013 of the European Parliament and of the Council, for information purposes only. We are not obliged to participate in online dispute resolution.

    You or we will also always have the option of resolving the dispute using court action (please see the Law and Jurisdiction section below for more detail).

  • 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.

  • ENTIRE AGREEMENT

    These Terms and Conditions and any Product Contract concluded between us are not intended to give rights to anyone except you and us and no other person shall have any rights to enforce any of these Terms and Conditions.

    These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Product Contract or Experience Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

    We each acknowledge that, in entering into a Product 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.

  • 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 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.

  • CONTACT

    Please contact us here.

    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.