Terms & Conditions

TERMS AND CONDITIONS

OF LECERCLE PERNOD RICARD MEMBERSHIP, TERMS OF USE OF THIS WEBSITE AND SALE

SAINT-BARTHELEMY, FRANCE

LeCercle by Pernod Ricard offers a selection of high-quality wines and beverages with limited, rare and sometimes exceptional availability. LeCercle also offers specific services or events (product customisation, experiences, etc.).

LeCercle equally provides you with online or in person offers, allowing you to order wines and beverages that have been specially selected for you.

Due to the limited availability of certain offers, please note that they may not always be available, that they are personal and that they cannot be transferred.

Orders and use this website are subject to the following terms and conditions.

If you wish to contact us : Contact-LeCercleStBarth@Pernod-Ricard.com

1. General

1.1. The “LeCercle by Pernod Ricard” website is operated by Pernod Ricard Americas Travel Retail LLC d/b/a Pernod Ricard Caribbean and Central America (“Pernod Ricard”).

1.2. Sales are concluded by Hippolyte Ledee, a local retailer in Saint Barthélemy, ETS Hippolyte Lédée, with address in Saint-Jean, Saint Barthélemy 97133, RCSB 753 533 595 (the “Seller”) or, by exception, any company of the Pernod Ricard Group identified in the offer or the order summary.

1.3. By using the website, creating an account, or placing an order, you acknowledge that you have read these terms and conditions and agree to be bound by them.

1.4 Our terms and conditions are subject to change at any time.  You are bound by any such revisions and should therefore periodically visit this page to review the current terms to which you are bound. These terms and conditions were last updated 06 June 2023.

1.5 Information published at this website refers to products and services offered in Saint Barthelemy Island, France.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE AND DO NOT PLACE AN ORDER

2. Personal nature of the use of this website and the offers of LeCercle by Pernod Ricard

2.1. All our offers are tailored to individual preferences. We grant you a personal, single, non-exclusive, limited authorisation to access and use our website, provided that you comply with these terms and conditions. You may not transfer or share your right to access or use the website or transfer our offers.

2.2. Our products are not for resale or for consumption within a commercial activity (restaurant or similar). You therefore confirm that you are a consumer and that you agree not to sell or market any of our products. Likewise, these products are not intended to be used for advertising or communication purposes. 

2.3. Your login information is personal to you. You are solely responsible for it, and you must keep it confidential. You must ensure that no one other than yourself, especially someone under the legal age for purchasing or consuming alcohol, uses your log-in details to purchase alcoholic products. You are deemed to be in full control of the access to the e-mail address you have provided. You are responsible for keeping your username and password confidential and for assuming responsibility for any damage that may result from arising from unauthorized access to the site caused by or connected with the disclosure of your login and/or password by yourself.

2.4. Should you have any concerns about the loss of confidentiality regarding your login or any other access code, you must inform us as soon as possible by sending an e-mail to the e-mail Address of Contact LeCercle so that we can deactivate it and issue a new one to you. This may take some time and cannot in any case be carried out outside working days or hours.

2.5. You guarantee that all the information about you, including your e-mail address and delivery addresses, as shown in your profile, which we encourage you to check on a regular basis, as well as the information you provide when placing an order or to your VIP Manager, is accurate.

2.6. LeCercle membership is personal and temporary. Either party may cancel it at any time: you can cancel it by simply requesting that your login be deactivated; we can cancel it by informing you by e-mail. This could be the case if we notice any inappropriate use of your LeCercle membership, such as purchasing bottles for the purpose of re-selling them to a third party, using them in a professional capacity, inappropriate use of the wines and alcohol products that we offer you, failure to respect the personal nature of your membership and, in general, any behaviour that is not consistent with our image or with that of the products we offer. We may also terminate your membership if we find that it is of no interest to you because you have not placed an order for a period of 36 months.

3.1 Access to this website is restricted to persons over the legal drinking age in their country. If you do not fall within this category, you should leave this website immediately.

3.2 Given that the sale of alcohol to persons under the age of 18 is forbidden, please confirm that you are at least 18 years of age. You also certify that the person receiving the delivery is at least 18 years old. If this is not the case, the products will not be delivered and the delivery will be rescheduled, at your expense, to a later date to be agreed with us.

3.3 You acknowledge that the consumption of alcohol should be moderate and responsible and you undertake to respect it. Drink alcohol only in moderation. Pernod Ricard is committed to promote a moderate use of its products. Please visit the following website to better understand the importance of responsible drinking: http://www.responsibledrinking.org/

4. Orders

4.1. You accept and acknowledge that all orders placed through this website will be fulfilled by the Seller as an independent third party.  As a result, all orders will be deemed as orders placed to the Seller and not to Pernod Ricard.  When in contradiction, the Terms and Conditions printed on the Sellers invoice will prevail over the Terms and Conditions set forth herein.    

4.2. All prices shown on this website have been set up by the Seller.   You have the option to place an order following an offer that has been made to you. Please note that offers may be temporary and that the availability of the products offered by the Seller is sometimes limited, which may mean that Seller might be unable to fulfil your order, as a product may become in the meantime unavailable. For this reason, your order is subject to an order confirmation. When placing an order, Pernod Ricard will communicate the order to the Seller who will then confirm the availability of the products ordered.  You will receive a confirmation from Pernod Ricard letting you know if your order has been accepted by the Seller. 

4.3. You can place your order directly on the website or ask your VIP Manager to prepare the order on your behalf, which he/she will do through his/her own professional login.

If the order is prepared by your VIP Manager, you will receive an e-mail with the order confirmation. Given the constraints in terms of product availability, the placing of the order or the validation of the order prepared by your VIP Manager and the payment must be made within a certain period of time that will be communicated by the Seller in the confirmation email or included in the invoice. 

4.4. In the event that the Seller is not able to fulfil the entire order due to a product no longer being available in the quantity ordered, we will inform you so to allow you to accept or not a smaller order. If you do not agree to this smaller order, the order will be automatically cancelled.

5. Prices and delivery costs

5.1. The price of the products are set up by the Seller and shown on the website or in the offer you receive from the Seller. Due to the nature of the offers, prices may also be temporary and vary from one offer to another. A product offered at a certain price will not necessarily be offered at the same price on a later date.

5.2. All prices are in Euros.

5.3. For deliveries to St. Barthélemy, the prices indicated include all applicable taxes and duties. Delivery costs depend on the total amount and weight of the order and the delivery method selected. Delivery costs may be included in the offer made to you by the Seller. Unless otherwise stated in the offer, as in cases where several delivery methods are offered, we will calculate the delivery costs. These costs will be indicated on your before payment. 

5.4. If you would like to deliver to a location other than St. Barthélemy, please let us know so that we can inform you whether or not we are able to do so. Our products are subject to specific legal, fiscal and customs regulations and procedures depending on the country of delivery. If we are able to make this delivery, the delivery costs will depend on the total amount and weight of the order, the delivery method selected and any applicable taxes and duties. The taxes, duties and delivery charges will then be calculated and indicated on your order summary before payment.

6. Delivery times and delivery

6.1. Delivery or pick up options and times have been set up by the Seller and indicated at the time of placing the order.  If this is not the case, the delivery time will be specified in the order summary before payment.

For other delivery options available on request, please contact your VIP Manager.  

6.2. The Seller shall do its best to meet delivery deadlines. Seller may be required to make partial deliveries, additional deliveries will then be at Seller´s expense. If the delivery is not made within the agreed period or any deadline extension accepted by you, you may have the option to refuse the delivery and cancel your order.

6.3. It is your responsibility to check the delivery address on the order confirmation form. For some deliveries, the carrier will contact you to confirm the timing before its arrival. It is also important that the contact details provided are correct and that the contact person is available on the day of delivery. In the event that no one is present at the place of delivery or for any other reason preventing delivery under normal and safe conditions on the agreed date, such as refusal to accept delivery, a new delivery will be scheduled. The costs of the new delivery will then be at your expense. To avoid any ambiguity, the costs of a new delivery also apply to orders for which Seller has paid the original shipping costs.

6.4. Each order is delivered to a single address. You will need to place separate orders if you would like your order to be delivered to more than one address.

6.5. The risk of damage to or loss of the products shall be transferred to you when the products are delivered to you by Seller's carrier, when Seller hands the products over to you or when Seller hands the products over to a carrier of your choice.

6.6 There are no delivery charges when purchasing tickets for an experience/event or when no physical delivery of goods is required.

7. Payment

7.1. The order is considered placed after payment.  Payment will take place at the time of delivery of the products.

7.3. We accept the following payment methods:

For in-store pick-up: Cash, Visa, Mastercard

For delivery: Cash (exact amount, no change), Visa, Mastercard

Amex is not accepted.

Payment can be made in Euros or US Dollars (at store current exchange rate).

7.4. We implement all reasonable measures to ensure secure payment transactions.

7.5. We will not be liable for any damages or consequential losses (direct or indirect) suffered by any person whose credit/debit card or other payment method is used fraudulently or in an unauthorised manner.

7.6. We retain ownership of all products until we have received full payment for them. This retention of title constitutes for the seller a simple option to take back the products, at the buyer's expense, and in no way exempts the buyer from paying the full purchase price and associated costs.

8. Right of withdrawal
   
   

   A/ Notifying the Seller of your right of withdrawal

You have a right of withdrawal which you can exercise without having to give any reasons or pay any penalties. This withdrawal period will expire 14 days after the day on which you, or a third party designated by you (other than the carrier), takes physical possession of the products.

If you have ordered more than one product in a single order, or if the products have been delivered in more than one delivery, the withdrawal period does not begin until you, or a third party designated by you (other than the carrier), takes physical possession of the last product or last part of the delivery.

To exercise your right of withdrawal, you must inform Seller or your VIP Manager of your decision to withdraw in a clear and explicit statement before the end of the withdrawal period:

You can use the "Contact Us" form or directly send us an e-mail.

B/ The return of the products subject to withdrawal

Once you have informed us of your decision to withdraw, you must return the product(s) to Seller complete, unused and unopened, in its (their) original, undamaged packaging and, if possible, accompanied by its (their) original delivery packaging. The return package must include the return slip or a copy of the invoice so that Seller can identify the origin of the returned product(s). Products must be returned in a timely manner and no later than 48 hours after you have informed us of your decision to withdraw your order.

Returns must be sent to the address provided in our reply to your decision to exercise your right of withdrawal or, failing that, to the following address: ETS Hippolyte Lédée, Saint Jean 97133 Saint Barthelemy.

Please note that such returns must take into account the nature of the products and, as such, must be made under appropriate conditions, particularly in terms of packaging, temperature control, exposure to direct sun and means of transport, which must be suitable to ensure full protection and preservation of the products. Seller reserves the right to refuse the return of products that to Seller´s sole consideration, have not been properly stored or show signs of damage.

If the products are not returned within 3 days of your decision to withdraw, no refund will be made.

You are responsible for the costs and risks associated with returning the product(s). You may be held liable for any depreciation of the product(s) resulting from handling other than that necessary to establish their nature, characteristics and proper use.

C/Premium Experiences

In relation to our premium experiences – such as the VIP Bartender service or any other added value service – please note that these services are exclusively available to customers purchasing a qualifying amount of product intended for immediate consumption. They are not applicable to products that are purchased and then returned.

In the event of a product return, if the total value of the non-returned products falls below the qualifying amount for the premium experience, the cost of these services may be deducted from your refund.

Booking and cancellations must be made with a minimum of 72 hours prior to the scheduled event. Failure to do so will lead to the loss of your Experience reservation. In the event of cancellation, any additional charges paid will not be eligible for a refund. Please note that cancelling the order will result in charges for the Experience. 

D/ Refunds of the products subject to withdrawal

Seller will refund all sums paid, including the initial delivery costs (with the exception of any additional delivery costs arising from the fact that you may have chosen a delivery method other than the cheaper standard delivery method recommended). Unless you expressly agree to another means of reimbursement, the product(s) will be refunded using the original payment method that you used when ordering, without undue delay and, in any event, no later than 7 business days from the day on which the products are satisfactorily returned to Seller. The reimbursement of this sum may however be deferred until Seller receives the returned products or until you have provided proof that the product has been shipped, whichever comes first.

Please note that the right of withdrawal cannot be exercised for (i) products that have been opened or unsealed after delivery and that cannot be returned for hygiene or health reasons, (ii) orders for products that have been subject to customisation or a specific request from you at the time of ordering (special formats, customised packaging, etc.) and (iii) services (e.g. events or experiences) whose completion date had been set before the end of the withdrawal period.

For further information on the scope, content and instructions on how to exercise your right of withdrawal, you can contact our Customer Service Department by post or email to the LeCercle Contact Addresses.

9. Discount codes

Our´s or Seller´s discount codes cannot be redeemed for cash, used in conjunction with each other, reused in another transaction or split across multiple orders. We reserve the right to invalidate any discount code that is used or applied in violation of the foregoing requirement.

10. Intellectual property

10.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this website (including without limitation photographs, texts, videos and graphical images), as well as the website itself (domain name, graphic design, structure, tree, etc.), are owned by Pernod Ricard or its licensors. Any material on this website that is a trademark, logo, or service mark is a registered or unregistered trademark of Pernod Ricard or its licensors.

10.2 You may download, display or print information from this website solely for personal use on the following basis:

10.2.1 no documents or related graphics on this website are modified in any way;

10.2.2 no graphics on this website are used separately from the corresponding text; and

10.2.3 you retain and reproduce each and every copyright notice or other proprietary rights notice contained in any information you download.

10.3 Except as expressly authorized by law, you may not distribute, modify, transmit, reuse, repost, or use the content of this website for public purposes, including the text, images, audio, and video without written permission of Pernod Ricard. Pernod Ricard neither warrants nor represents that your use of information displayed on this website will not infringe rights of third parties not owned by or affiliated with Pernod Ricard.

10.4 Your use of any material on this website, except as provided in these terms and conditions or with the express written permission of the owner, is strictly prohibited. All rights are reserved unless otherwise stated.

10.5 If you breach any of the provisions in these terms and conditions, your permission to use this website automatically terminates and you must immediately destroy any downloaded or printed extracts from this website. You are also advised that Pernod Ricard will enforce its intellectual property rights to the fullest extent permitted by the applicable law, including the seeking of criminal prosecution.

10.6 Subject to paragraph 10.2, no part of this website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without Pernod Ricard's prior written permission.

10.7 The purchase of a product does not give you any rights to the names, brands or labels of the product. It is strictly forbidden to use the products or brands distributed by Pernod Ricard for advertising or communication purposes.

11. Visitor material and conduct

11.1 Subject to the provisions of the Pernod Ricard Privacy Policy, the Pernod Ricard Cookies Policy, any communication, or material you transmit to this website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Pernod Ricard or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Pernod Ricard is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this website for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

11.2 You are prohibited from posting or transmitting to or from this website any material:

11.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite hatred of any kind, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

11.2.2 for which you have not obtained all necessary licences and/or approvals; or

11.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

11.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

11.3 You may not misuse this website (including, without limitation, by hacking).

11.4 Pernod Ricard will co-operate fully with any law enforcement authorities or court order requesting or directing it to disclose the identity or locate anyone posting any material in breach of paragraphs 11.2 or 11.3.

12. Links to and from other websites

12.1 Because Pernod Ricard has no control over and does not endorse any of the sites to which this website is linked and because Pernod Ricard has not reviewed any or all of the sites to which this website is linked, you acknowledge that Pernod Ricard is not responsible for the content of any off-site pages, or any other sites linked to this website. Responsibility for access to off-site pages and linked third-party sites rests solely with you.

12.2 Your linking to this website, off-site pages or other sites is at your own risk. By making use of any such links, you understand that the legal statement and privacy policy of any linked site will apply, and which may be different from those of Pernod Ricard. If you would like to link to this website, you may only do so on the basis that you link to, but do not replicate, the home page, and subject to the following conditions.

12.2.1 you do not deep link to this website;

12.2.2 you do not remove, distort, or otherwise alter the size or appearance of the Pernod Ricard logo;

12.2.3 you do not in any way imply that Pernod Ricard is endorsing any products or services other than its own;

12.2.4 you do not misrepresent your relationship with Pernod Ricard nor present any other false information about Pernod Ricard;

12.2.5 you do not otherwise use any Pernod Ricard trade marks displayed on the website without express written permission from Pernod Ricard;

12.2.6 you do not link from a website that is not owned by you; and

12.2.7 your website does not contain content that is distasteful, offensive, or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

12.3 Framing, in-line linking or any other manner of incorporating parts of this website in sites of parties not part of Pernod Ricard Group is prohibited.

12.4 Pernod Ricard expressly reserves the right to revoke the right granted in paragraph 10.2 for breach of these terms and to take any action it deems appropriate.

12.5 You shall fully indemnify Pernod Ricard for any loss or damage suffered by Pernod Ricard or any of its group companies for breach of paragraph 10.2.

13. Service access

13.1 While Pernod Ricard endeavors to ensure that this website is normally available 24 hours a day, it shall not be liable if for any reason this website is unavailable at any time or for any period.

13.2 Access to this website may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond Pernod Ricard's control. Pernod Ricard’s liability may not be incurred if access to the website is interrupted for these reasons.

14. Liability

14.1 To the extent permitted by law, Pernod Ricard disclaims all liability for:

14.1.1 any damages resulting from a third-party intrusion resulting in a change to the information made available on the website;

14.1.2 any inaccuracy, imprecision or omission concerning the information available on the website.

14.2 You acknowledge that your material connection to the website is under your full responsibility and that you have to take all appropriate measures to protect your own data against virus attacks. If your use of material on this website results in the need for servicing, repair or correction of equipment, software, or data, you assume all costs thereof.

14.3 The materials on this website, including any information, may contain technical inaccuracies or typographical errors. Pernod Ricard reserves the right to make changes, corrections and/or improvements to such materials (including information), and to the products and programs described in such information, at any time without notice.

15. Protection of personal data :

We are committed to safeguarding the privacy of individuals with respect to personal data. We shall ensure that our policies and practices in relation to the collection, use, retention, transfer, and access of personal data comply with the requirements of the Act N° 78-17 on Information technology, Data Files and Civil Liberties dated 6 January 1978 (and its subsequent amendments) and the EU General Data Protection Regulation of 27 April 2016 (hereafter “GDPR”). Please refer to our Privacy Policy for details available here  and to our Cookies Policy for details available here.

16.1 You assume all responsibility for any violation to the provisions of these terms and conditions relating to the use of the products for unauthorised purposes (purchase by minors, resale, commercial use, marketing purposes, etc.). You will have to indemnify us for all claims, actions, liabilities, charges, expenses, losses, damages and costs resulting from any such violation.

16.2 Should one or several provisions of these terms and conditions be deemed invalid or declared as such in application of a law, a regulation or following a final decision made by a competent court, the other provisions shall remain in full force and effect.

16.3 These terms and conditions, as well as the contractual relationships between you and us, are governed by and construed according to law of France.

17.1. For all enquiries or problems relating to an order, please contact our Customer Service Department:

PERNOD RICARD LeCercle

Contact-LeCercleStBarth@Pernod-Ricard.com

17.2 Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of courts in France or any other court designated under the mandatory applicable rules of international conventions governing consumer disputes.