Terms and Conditions
TERMS OF SERVICE
General
This Terms applies between you and the usage of Pernod Ricard Direct Website. Please read the Terms carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not agree to all the terms and conditions, please do not access the Website or use any of the services.
The latest version of the Terms are set out on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or making changes to our Website. It is your responsibility to check this page periodically for changes to the Terms.
- Definitions and Interpretation
“Delivery Address” refers to the address to which the Goods are to be delivered, as stated in your Order.
“Delivery Fees” refers to the fee imposed for arranging delivery of the Goods or Services to the Delivery Address.
“Goods” refers to our products offered for sale in the Website.
“Orders” refer to an order for Goods made through the Pernod Ricard Direct website.
“Payment Information” refers to any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit/debit card numbers and bank account numbers.
“Price” refers to the purchase price of each Good as specified on the Website.
“Service” refers to any online facilities, tools, services or information that we make available either through the Website now or in the future.
“Terms” refer to the Terms of Service.
“We”, “Us” and “Our” means Pernod Ricard Direct.
“Website” refers to https://direct.pernod-ricard.my/
- Placing Orders for Goods
2.1 When placing Orders for the Goods, you warrant that:
2.1.1 you are above the age of 21;
2.1.2 you are not obtaining the Goods on behalf of a person under the age of 21; and
2.1.3 you are aware that it is against the Law to sell or supply the Goods to, or obtain the Goods on behalf of, a person under the age of 21;
2.2 We reserve the right to reject your Order at any time without providing any reason. If we reject your Order, you will receive a refund of any monies paid.
- Availability of Goods
3.1 From time to time, some Goods may be out of stock or some Services may be unavailable and we may not be able to fulfill part or all of your Order. If this happens, we will refund you the price paid for the Goods or Services impacted.
3.2 We may suspend, modify or withdraw any Goods or Services displayed on the Website, either temporarily or permanently, at any time without notice to you. We will not be liable to you or to any third party for any loss which you or a third party may suffer as a result of such suspension, modification or withdrawal of the sale of a particular Good or Service.
3.3 Where a Good or Service which is the subject of an Order has been suspended or withdrawn from sale, and your payment has already been processed, we will refund any monies paid by you to us.
3.4 We reserve the right not to honour any incorrect offers represented on the Website made by genuine human or system error. Where your Order is affected by an error on the Website (e.g a description, an image, Price or otherwise), we will reject that part of the error. You will be refunded the value of that part of your Order affected by the error, and we will fulfill the remainder of your Order. If you are not satisfied with your partial Order, we will cancel the entire Order and refund any monies paid by you to us.
3.5 You acknowledge and agree that:
3.5.1 all pictures and images of Goods displayed are for illustrative purposes;
3.5.2 any accessory featured with the Goods is for illustrative purposes only, and may be sold separately;
3.5.3 where we provide dimensions and measurements in the description of the Goods, the dimensions may vary slightly in real life; and
3.5.4 any and all offers of promotional stocks or rates are on a limited stock and/or time basis;
3.6 You acknowledge and agree that:
3.6.1 the Goods are only intended for your personal enjoyment;
3.6.2 you will not sell or solicit sale of the Goods to any third parties; whether in Malaysia or overseas.
3.6.3 in the event of any breach of this Clause 3.6, you will indemnify us against all claims, liabilities, expenses, losses or damages arising out of or in connection with your breach of this Clause 3.6.
3.7 We reserve the right to limit the sales of the Goods to any person, company, entity or country. Unless otherwise stated, our deliveries will only be made to the states listed on the Website.
- Price and Payment and Delivery
4.1 When you place an Order, we will charge you and you agree to pay the Price, and any applicable taxes and/or Delivery Fee(s). The final price that is payable by you for the Goods is as reflected in the Check-out portion of the Website.
4.2 All prices (unless otherwise stated) are in Malaysian Ringgit.
4.3 We reserve our right to change or alter Prices in the Website without prior notice to you. If you have submitted your Order at a particular Price, we will supply your Goods at that Price (unless your Order is affected by a pricing error, in which case clause 3.4 will apply).
4.4 In paying or attempting to pay for Goods or Services, you agree that you have not engaged in any fraudulent conduct or contravened any law. We will not be responsible for any damages or losses (both direct and consequential) suffered by any party whose credit card is fraudulently used or used in an unauthorized manner.
4.5 Title in the Goods will pass to you upon our receipt of full payment of the Goods. Risk of damage to or loss in the Goods shall pass to upon delivery of the Goods to the stated delivery address at the stated delivery date and time. We shall not be responsible for any loss or damage to the Goods if there is a failure by you to take delivery.
4.6 We do not allow any changes on the delivery instructions once the order is placed, including but not limited to the redirect of a package to an alternative address, or to delay delivery, to change a service or service level selected by the shipper, or to reschedule delivery, and delivery information regarding a package.
4.7 There will be a maximum of 3 attempts at delivery. The first 3 delivery attempts are free of charge. Once the final delivery attempt has been made, additional costs of any further delivery attempts shall be borne by you.
- Accuracy and Completeness of Information
5.1 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
5.2 We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or timely sources of information. Any reliance on the material on this Website is at your own risk.
5.3 The Website may contain certain historical information. We reserve the right to modify the contents of this Website at any time, but we have no obligation to regularly update any information on our Website. You agree that it is your responsibility to monitor changes to our Website.
- Optional Tools and Third Party Links
6.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
6.2 You acknowledge and agree that such tools are provided “as is” and “as available” and we make no warranties, representations, conditions or endorsement of any kind or form in respect of such tools. We shall not be liable to you for your use of such optional third-party tools.
6.3 This website may contain links to other sites. Unless expressly stated, these sites are not under our control or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out from the use of such third-party links. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6.4 We are not liable for any harm or damages arising from the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third-party.
- User Comments, Feedback and Other submissions
7.1 If you send specific submissions (e.g contest entries) to us, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, via email, post or otherwise (“Comments”), you agree that we may, at any time, without restriction and notice to you, edit , copy, publish, distribute, translate, replicate and otherwise use in any medium any Comments which was sent by you to Us.
7.2 We may, but shall not be obliged to monitor, edit or remove content which we (in our sole discretion), determine are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or these Terms.
7.3 You agree that your Comments will not violate any right of a third party, that you will not use a false email address, or pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You shall be solely responsible for any Comments that you make and their accuracy. We shall not be responsible for nor shall we assume any liability for any comments that are posted by you on the Website.
- Damages on Delivery
8.1 The terms of delivery are as set out in the Website. It is your responsibility to check the Goods on delivery to ensure that no bottles are damaged or broken on delivery. If the event of any damage to the Goods on delivery, please contact us within 3 working days at https://direct.pernod-ricard.my/,
8.2 Our liability to you in respect of any damaged Goods shall only be limited to the replacement of the Goods, or in our absolute discretion, a refund of the Price paid for the damaged Goods, if a replacement of the Goods is not acceptable to you. Other than the above, we shall have no further liability to you.
- Order Cancellations & Product Recall
9.1 Unless provided for under these Terms or as otherwise agreed by us, no cancellations or changes to Orders will be accepted once an Order has been placed and accepted by us.
92 The Goods will be delivered to the Delivery Address stated in an Order. You are responsible for ensuring that the type and quantity of Goods ordered and the Delivery Address are correct prior to submission of the Order.
9.2 Delivery Fees (if applicable) may not be refunded even if we agree to any cancellation or changes to your Order.
9.3 No refunds or returns are accepted, unless such refunds or returns have been initiated by us pursuant to a product recall initiated by us.
9.4 In the event of a product recall, we will provide a full refund of any Goods affected by such a product recall. We will contact you by phone, email or by post to the Delivery Address, and you consent to us contacting you and using the personal data provided to us on your Order in the event of a product recall.
9.5 Please note that we may take up to 90 days to process any refund. For any refund, in the event the original payment was made by credit card, such refunds will be processed back to the same card as the original payment.
- Promotions and Discounts
10.1 From time to time, you may receive online offers and/or promotions for use in the Website. Some offers may include a promotional or coupon code (Code) for use when placing an Order. It is your responsibility for ensuring that the Code is valid, and that you enter the Code at the time of placing the Order.
10.2 The Code cannot be applied after you have submitted your Order. Separate terms may apply to the use of the Code. Any Code is non-transferable, cannot be posted on a forum or website, and may not be used in conjunction with any other offers or promotions.
10.3 Certain other offers or promotions offered on the Website may be subject to additional terms and you should read the terms carefully before making any purchases in conjunction with such offers or promotions. We shall have absolute discretion in determining the validity of any offer and/or promotion.
- Privacy
11.1 We are committed to safeguarding the privacy of your personal data provided in this Website and shall ensure that our policies and practices are in compliance with Malaysia’s data privacy laws.
11.2 Your submission of your personal data through this Website is governed by our Privacy Policy. Please view our Privacy Policy.
- Indemnification
12.1 You agree to indemnify, defend and hold harmless Pernod Ricard Direct and our parent, subsidiaries, affiliates, partners, officers, directors, employees, agents, contractors and/or subcontractors from any claim or demand by any third party arising from your breach of these Terms.
- Disclaimer of Warranties and Limitation of Liability
13.1 We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. From time to time, any services in the Website may be removed or suspended without notice to you.
13.3 The Goods and Services are on an “as is” and “as available” basis, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We exclude, to the fullest extent possible under law, all implied terms and warranties, relating to the subject matter of these Terms.
13.4 To the extent permitted by law, in no case shall we, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for an injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the use of any of the Services or the purchase of any Goods in the Website, even if we have been advised of their possibility.
- Compliance with Laws and Prohibited Uses
14.1 You acknowledge that you will be required to comply with all applicable laws in Malaysia which may apply to the purchase, transfer, use and consumption of the Goods, including but not limited to age and religious restrictions, public drinking laws and laws pertaining to the consumption of alcohol.
14.2 You are prohibited from using the website or its content:
14.2.1 for any unlawful purpose;
14.2.2 to solicit others to perform or participate in any unlawful acts;
14.2.3 to violate any laws or regulations;
14.2.4 to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
14.2.5 to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against others;
14.2.6 to submit false or misleading information;
14.2.7 to upload or transmit viruses or other types of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet;
14.2.8 to spam, phish, pharm, pretext, spider, crawl or scrape;
14.2.9 for any obscene or immoral purpose; or
14.2.10 to interfere with or circumvent any security features of the Website.
14.3 We reserve the right to terminate your use of the Website for any violation of this Clause 14.
- Intellectual Property
15.1 All contents in the Website, including but not limited to text, graphics, logo, icons, images, sounds clips, video clips, data compilations, page layout, underlying code and software is the property of Pernod Ricard Direct, our affiliates or other relevant third parties. The use of such material is protected under applicable intellectual property laws.
15.2 You must not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless you have been given express written consent from us.
- Severability
16.1 In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall be deemed severed from these Terms and the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.
- Termination
17.1 These Terms are effective unless and until terminated by either you or us.
17.2 We may, in our sole discretion, immediately terminate the agreement for the supply of Goods to you if we have reason to believe that you have breached these Terms.
17.3 In the event of a termination in accordance with Clause 17, you remain liable for all amounts due to and including the date of termination and/or we may deny you access to our Services.
- Governing Law
18.1 These Terms and the relationship between you and us shall be governed by and construed in accordance with the laws of Malaysia and you agree to submit to the exclusive jurisdiction of the Malaysian courts.
- Entire Agreement
19.1 The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
19.2 These Terms and any policies or rules posted by us on this website shall constitute the entire agreement between you and us.