("Terms and Conditions")

Welcome to website https://direct.pernod-ricard.vn/ (hereinafter referred to as the “Website”). This e-commerce Website, which provides platform serving the online purchase of alcoholic beverage products, is established and owned by PERNOD RICARD VIETNAM CO., LTD (hereinafter referred to as “PRVN”).

Please read the General Trading Terms carefully (hereinafter referred to as the “Terms and Conditions”) before ordering any products on the Website.

1. Scope of application

1.1. Purchase of products listed for sale on the Website.

1.2. Products displayed on Website are the goods listed in the business registration certificate of PRVN (hereinafter referred to as “Product”).

2. Establishment and cancellation of orders on the Website

2.1. Forming a purchase and sale contract on the Website

Product information on the Website, together with relevant Website terms, is considered as a “Notice of offer for conclusion of contract” and in any case, it shall not be construed as PRVN’s a proposal for conclusion of contract to the Customer.

Customer who successfully place an order on the Website will generate a corresponding order (hereinafter referred to as “Order”). PRVN will send Order confirmation as follows:

• Making phone calls to confirm the Order;
• Sending a written confirmation to the email registered by the Customer, having contents including but not limited to: Product list, delivery time, place of delivery, phone number, information of recipients, order makers, payment value, shipping fee, etc.

During the processing of the Customer’s Order, PRVN has the right not to confirm a part or the whole of the Order in the following cases:

• PRVN is unable to meet a part or all of the trading conditions in the Customer's Order due to either objective reasons or technical errors of the system.
• PRVN suspects that there is a speculation to profit by Customer (the concept of speculation is specified in Clause 2.2 below).

The specific process for establishing a sales contract on the Website is specified in the Section Conclusion of Contract (Appendix III attached with this Terms and Conditions).

2.2. Order cancellation

PRVN reserves the right to cancel a confirmed Order in the following cases:

1. Where PRVN finds that the Customer has the below signs:
   • Speculation (which means the Customer takes advantage of PRVN's sales policies to place orders in large quantities for resale, rather than for consumption, in order to seek benefits).
   • Taking advantages of any loopholes, errors, mistakes, and confusion of the system leading to unprecise Product information (including but not limited to price, delivery conditions, inventory status, characteristics, Product categories, conditions and incentives accompanying the Products) during the process of making transactions with PRVN to buy goods and receive higher benefits than usual.
   • Violating the provisions of Policy on the Special Selling Programs as specified in Section 2.3 of this Terms and Conditions.
2. When any of Force Majeure Events affects the execution of the Customer's Order placed on the Website, which lasts for more than twenty-four (24) hours from the start of such events, PRVN will by all means and make every effort to notify the Customer of this situation and to propose the time for the execution of a new Order. In case the Customer does not agree with PRVN's proposal, the Order can be either cancelled by the Customer or PRVN proactively.
3. Where PRVN has basis to determine that the Contract is invalid in accordance with the laws.

In the event that a confirmed Order is partially or fully cancelled, the amount paid by the Customer for such Order will be refunded to the Customer in accordance with the Product Exchange and Return Policy (Appenndix II attached to this Terms and Conditions).

2.3. Special Selling Programs (only applicable to Products with alcohol content being below 15 degrees)

In order to ensure the fairness and interests of the Customer as the end consumers, PRVN has the right to apply restrictive conditions in the implementation of special selling programs (hereinafter referred to as “SSP”), including:

• Limitation on the maximum quantity of Products in each SSP that a Customer can purchase.
• Limitation on the purpose of purchasing Products, whereby Products purchased under SSPs are only used for consumption rather than trading, resale or transfer in any form.
• Other limitations (if any) are specified in each SSP. The restrictive conditions in the implementation of the SSPs are hereinafter referred to as SSP Policy.

Therefore, PRVN reserves the right to deny, refuse, cancel or withdraw the delivered Products under the Orders that violate any content of the SSP Policy without notification to the Customer. For clarification, an Order in violation of the SSP Policy is an unlawful order which a Customer or a group of Customer using one or more accounts on the Website to order the Products eligible for SSPs. PRVN will use its own tools to verify and have the sole discretion to decide whether the Order is in violation of the SSP Policy.

3. Price, VAT invoice and payment

3.1. Regulations on price listing

The price of the Product is inclusive of value-added tax and exclusive of other fees. In all cases, the price of the Product does not include shipping fee.

3.2. Sales invoice

Customer have the right to request for a valid financial invoice for the placed Order by filling in the Invoice Information before proceeding with the payment. Customer are responsible for providing adequate and accurate financial invoice information. PRVN will not assist in making any request for changes or amendments to the VAT invoice information from the Customer after invoice issuance. The invoiced value is equal to the value of goods paid (no invoice is issued for the price discrepancy that the Customer receive in accordance to the SSP Policy).

(*) Note: In any cases, PRVN does not support splitting or merging of multiple orders and issue VAT invoices for such splitted or merged orders.

3.3. Order confirmation

The Customer shall pay the value of the Order in accordance with the Payment Policy (the Appendix I attached to this Terms and Condistions) and the Product Delivery Policy (posted on the Website) before receiving the Products of that Order. When the Customer clicks on the button with content meaning “placing an order” or “payment” to proceed with the payment of the Order, it means:

• The Customer confirms that he has checked the information of the Order; and
• The Customer agrees that the Terms and Conditions shall be applied to the purchase of the Products in such Order.

3.4. Online payment security

To ensure payment security, it should be noted that:

• Only making online payment at the window linked from the Website.
• Using and storing payment cards carefully (credit card, ATM card...), keep confidential of account information/ card information.
• Do not lend others your card or account to purchase products at the Website. As soon as any abnormal transactions are detected on the Website, the Customer should immediately contact PRVN’s Customer Service Center for timely support. In any case, with international credit/debit card, the Customer should not disclose your CVV/CVC/CSC number (which is a security code containing triple numeric characters printed on the back of the card) to keep confidential of card information.

4. Delivery and receipt of products

4.1. Regulations on delivery and receipt of products

• When placing an order, the Customer has the right to set the place of delivery within the delivery scope of PRVN’s delivery partner; for Customer who is being PRVN’s employees, they have the right to choose to receive products at PRVN’s office locations or other places. The Products will be delivered to the place that has been provided by the Customer in the timeline specified in the Product Delivery Policy posted on Website.
• The individual designated by Customer to receive the Products pursuant to the Orders in this Article 4.1 is collectively referred to as the “Consignee”; The Consignee must provide his name, year of birth and sign a written confirmation of the age being 18 years old or older. PRVN reserves the right to use this written confirmation for the purpose of storage, reporting and providing to competent authorities if requested. The information provided by the Consignee in this document shall be applied in accordance with the Personal Information Protection Policy posted on the Website.

4.2. Regulations on Product inspection

• The product delivery process is specified in the Product Delivery Policy (posted on the Website).
• Any risk and ownership of the Products shall be transferred to the Customer from the time the Consignees sign the invoice of the Order or from the time the Consignee has received the Products, whichever comes first. The Customer need to keep the invoice of the order for later check or to resolve any problems related to the Products (if any).

5. Product exchange and return

The exchange and return of Products are conducted in accordance with the Product Exchange and Return Policy (Appendix II attached to this Terms and Conditions).

6. Bonus points and point redemption

The accumulation and redemption of bonus points are executed under specific policies of the Loyalty Program as decided by PERNOD RICARD VIETNAM CO., LTD from time to time.

7. Customer Service and Complaint Settlement

In case of any questions or complaints, including but not limited to the quality of goods/services, the delivery of the Products, the attitude of the delivery staff, the exchange/return of the Products, etc., Customer can contact the Customer Service Center. When making questions/complaints, the Customer must provide the Order number. The Customer Service staff will receive the information and respond to Customer as soon as possible.

8. Limitation of Liability

Under no circumstance shall PRVN be liable for any damage or loss suffered by the Customer after the time that the risks are transferred from PRVN to Customer, unless caused by PRVN's faults.

9. General Terms

• The provisions referred to herein are integral parts of this Terms and Conditions. If there is any inconsistency between this Terms and Conditions and any provision under other documents on the same matters, the provisions in this Terms and Conditions shall prevail.
• Customer’ acts of accessing and purchasing goods on the Website shall mean they agree to comply with all obligations set forth in this Terms and Conditions. PRVN reserves the right to change, modify, add or omit any part of this Terms and Conditions, from time to time, without notice and acceptance by the Customer. The changes will take effect after five (5) days from the date of the official announcement on the Website. If the Customer continue to make transactions on the Website after the new Terms and Conditions comes into effect, it means that the Customer accept such changes. It should be noted again that: the Customer should regularly update or read the Terms and Conditions carefully before making a transaction.
• If any part of this Terms and Conditions is deemed invalid or unenforceable in whole or in part by any competent authority, the validity of other provisions of this Terms and Condition shall not be affected.
• This Terms and Conditions and any matters arising in the contractual relationship between PRVN and the Customer shall be construed and governed in accordance with the laws of Vietnam. Any disputes, complaints and claims arising out of/or in connection to the provision of this Terms and Conditions shall be settled through negitiation in good faith within thirty (30) days. If the parties fail to do so within thirty (30) days, such disputes, complaints and claims shall be settled at the competent court.

This Terms and Conditions were adopted and applied by PRVN as of 4^th March 2024.

APPENDIX I – PAYMENT POLICY

1. Payment methods

When purchasing products on the Website, the Customer pay for their orders by online payment.

2. Details of payment methods

3. Regulations on reimbursement
   • Reimbursement is executed when the Customer completed their online payment on the Website and one of the following problems arises:
     • Out of stock, which means the items in the Customer's Order cannot be delivered in full;
     • Exchange and return of products in accordance with the Product Exchange and Return Policy (Appendix II attached to this Terms and Conditions);
     • The Order is not successful placed, but the system still deducts the Customer's money.

   The amount to be refunded to the Customer will not be greater than the amount paid by the Customer (exclusive of the value of the Preferential Code enjoyed by the Customer).

The Company will make reimbursement to Customer by the payment method which Customer used to successfully pay for the Order.

This Policy was adopted and applied by PRVN as of 4^th March 2024.

APPENDIX II - PRODUCT EXCHANGE AND RETURNS POLICY

1. General provisions

• Product exchange/return policy is applied within seven (7) days from the date of purchase. After this period, PRVN will not accept any requests for product exchange/return from Customer.
• Customer have the right to exchange and return Products after purchase in the cases specified in Section 3 of this Appendix II. To clarify, Customer have no right to exchange and return Products other than the cases specified in Section 3 of this Appendix II, without PRVN's consent.
• Products not applicable for exchange/return:
  • Special Program’s Products, liquidated goods (official announcement on the Website);
  • Damaged Product caused by failure to follow manufacturer's instructions for use or storage.

2. Conditions of Exchange - Return

• Products shall be (i) exchanged or (ii) returned (while the Customer is refunded the amount paid for such Products), if the supporting documents are provided (original retail invoices/ VAT invoices).
• Accumulated points corresponding to the returned product value will be deducted on the system (if any).
• Preferential goods or accompanying preferential benefits (if any), are refundable.

3. Cases of exchange/return

 This Policy is adopted and applied by PRVN as of 4th March 2024.

APPEXDIX III – CONTRACT CONCLUSION

1. Notice of offer for conculsion of contract

• The information about Products posted on the Website and the “Terms of Contract” (defined in Section 2 below) shall be deemed the Website's Notice of offer for conclusion of contract.
• The information about Products posted on the Website precisely matches the content appears on the Product’s label in accordance with the laws.

2. Terms of Contract

• Contract terms include: Terms and Conditions (and the attached Appendices), Product Delivery Policy, Payment Policy, Product Exchange and Return Policy, Personal Information Protection Policy (“Privacy Policy”), Payment Information Protection Policy and other attached Appendix(es).
• When purchasing goods on the Website, PRVN has a mechanism allowing Customer to read and express their own agreement to the Terms of Contract before submitting a proposal for conculsion of contract. Customer when making a purchase will have to click on the statement “I have read and agreed to the Terms and Conditions and Privacy Policy".

3. Proposal for conclusion of contract

After the Customer fill in the purchase information and clicksthe button of placing order or payment, the information (Electronic documents) generated and sent by the Customer using the online ordering function shall be considered as the Customer’ proposal for conclusion of contract for purchasing the goods attached to that online ordering function.

4. Review and confirmation of contract contents

4.1. Review of contract contents

Before the Customer place an order and proceed the payment, the Website allows the Customer to review, supplement, modify and confirm the transaction content. The information to be reviewed includes:

• Product information, quantity and categories;
• Method of delivery;
• The total value of the contract and details related to the payment method selected by the Customer.

4.2. Confirmation of contract contents

• After the Customer submits the proposal for conclusion of contract (Fill in all the information and click the button "place an order" or “payment”), an email of order content confirmation will be sent to the Customer for storage, printing or display on the Customer’ information system.
• Upon completion of the order, the Customer will receive a notification on the methods and the time limit for PRVN to respond to the Customer’ proposal for conculsion of contract, specifically as below:
  • PRVN will call to the Customer to confirm orders within 24 hours from receipt of the Order;
  • After confirming the Order, PRVN will send a transaction confirmation letter to the Customer' email address within forty-eight (48) hours from the time of receiving the Client's proposal for conclusion of contract.

4.3. Cancellation of the transaction or confirmation of the proposal for conclusion of contract.

• In case the Customer does not want to purchase any Products, they can remove them from the shopping cart;
• If the Customer successfully place an order, they can choose to cancel the transaction or confirm the proposal for conclusion of contract by calling the PRVN’s Customer Service Center.

5. Responding to the proposal for conclusion contract

• Pernod Ricard Vietnam Co., Ltd. will send a confirmation email to the Customer about accepting or not accepting the proposal for conclusion of contract.
• The confirmation email shall include the following information:
  • List of all goods or services ordered by Customer, with the quantity, price of each Product and total contract value;
  • Order status (Confirmed, Canceled, Rejected, etc. );
  • Delivery time;
  • Contact information so that the Customer can inquire the contract performance status if needed; and
  • Shipping fee.

6. Time of conclusion of contract

• The time of conclusion of contract when using the online ordering function on the Website is the time when the Customer receives an email from PRVN stating its acceptance of the Customer’ proposal in Section 5 above.

 This Policy is adopted and applied by PRVN as of 4^th March 2024.