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TERMS & CONDITIONS

LAST UPDATED: MAY 2023


INTRODUCTION


This website ("Site") is operated by R. St Barth Limited ("Rhum St Barth"), the brand owner of Rhum St Barth products, a company incorporated in the United Kingdom under company number 10453247. Our registered office is at 2 Hawsted, High Rd, Buckhurst Hill. IG9 5SS These Terms and Conditions are divided into several sections: • Section A contains the terms that apply to your access to and use of the Site whether or not you order any products through any Shop (“Shop”) ("Terms of Use"). • Section B contains the additional terms that apply to any orders for products that you place through the Shop ("Product Terms"). • Section C contains general provisions that apply to any and all use of the Site. Please read these Terms and Conditions carefully before you use this Site. By using this Site, you confirm your acceptance of and agreement to be bound by and comply with these Terms and Conditions. If you are accessing this Site on behalf of a company or other legal entity, your use of this Site confirms that the company or other legal entity agrees to be bound by and comply with these Terms and Conditions. We may modify these Terms and Conditions from time to time. We will endeavour to notify you of any material amendments to these Terms and Conditions by placing a notice about them on the homepage of the Site but do not guarantee to do so, therefore please review the Terms and Conditions whenever you use the Site as any changes are binding on you from the date that we make them. We recommend that you print a copy of these Terms and Conditions for future reference. Our Privacy & Cookies Notice which explains what information we will collect from you when you use the Site and how we will use this information, and how we use cookies, also applies to you.

SECTION A: TERMS OF USE


ABOUT THIS SITE

The Site provides users with details about Rhum St Barth products. You may browse the Site, purchase goods and book tickets 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, register for an account and/or place orders or make bookings via the Site. If you are underage, please do not attempt to use the Site, register for an account, place orders or make bookings via the Site. If we believe or verify that you are not aged 18 or over, we may suspend or cancel your access to and use of the Site until you have provided us with acceptable proof of age. You will be asked to confirm your age each time you place an order or make a booking through this Site.

ACCOUNT REGISTRATION & SECURITY

If you choose to register for an account with our Site, you must ensure that the information that you provide on registration or at any other time is correct, up to date and complete. You must inform us immediately of any changes to the information that you provided when registering by updating your personal information in order that we can communicate with you effectively. Please note that your registration is non-transferable. When you register to use the Site you will be asked to create a password. You must keep this password secure and confidential and must not disclose it to, or share it with, anyone. If you know or suspect that someone else knows your password or is using your account, you should contact us at [email protected] immediately. If we have reason to believe that there has been or is likely to be a breach of security or misuse of the Site, we may require you to change your password or we may suspend or cancel your account and your access to and use of the Site without prior notice and without responsibility or liability to you. You can cancel your registration at any time by contacting us at [email protected].

CANCELING 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

This Site and all materials, text, code, content, software, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices, and links contained in it or linked to it (together "Content") are protected by copyright, trademarks and other rights of intellectual property owned by us or which we are authorised by the intellectual property owner to use. Anyone accessing this Site is entitled to view any part of it. However, the Content must not be used nor reproduced (in whole or part) for any other purpose including on or in connection with another website or publication or for commercial gain without our express prior written permission. Furthermore, any links to this Site must be notified to and approved by us before they are created, or steps are taken to create the same.

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: • 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.

RESPONSIBLE BEHAVIOUR

You warrant: • To be of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of your Country/Region of residence, • To use the Site for your personal use only, and in your personal name, excluding therefore any commercial or other use without our prior written consent, • To provide, when relevant, personal data being true, up-to-date and accurate. You may not in any way represent or act on behalf of Rhum St Barth, its subsidiaries, its affiliates and their respective shareholders, officers, directors, employees. When using the Site, you must behave responsibly, in compliance with any applicable law, with courtesy and respect (towards any other users), R. St Barth Limited, its subsidiaries and affiliates, and third parties. You must notably refrain from: • Uploading, displaying, sending by email or sending by any other means any files containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material, • Disrupting or interrupting the Site, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules, • Infringing (including any attempt) the Site functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, sending "spams" or overloading the Site messaging system, • Accessing privileged or non-public information or accessing a server or account for which you are not expressly granted access to, • Trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without our prior written consent, • Conducting any illegal activity or any other activity likely to infringe rights of R. St Barth Limited, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging third parties to do so, • Uploading, displaying, posting, sending by e-mail or by any other means any illegal, detrimental, adversarial, defamatory, offensive, racist, vulgar, obscene, threatening, against decency, infringing third party rights, shocking or disparaging content or the like, • Uploading, displaying, posting, sending by e-mail or by any other means any unsolicited or non-authorised commercial or promotional content, junk mails, spams, or any other solicitation, • Sending or forwarding by e-mail or by any other (including by sharing) any content of the Site to persons under the legal alcohol drinking and/or purchasing age in their Country/Region of residence or residing in a Country/Region restricting or prohibiting the advertising of alcoholic beverages. If no such laws exist in their Country/Region of residence, sendee must be over 21. You must comply with any and all applicable regulations and laws related to your behaviour on the Internet (including mobile communications) and transmission of technical data. Where relevant, we reserve the right in our absolute discretion to terminate or withdraw your access to the Site without notice in case of breach of your obligations under these conditions, without prejudice to claim damages. Where relevant, we reserve the right, but not the obligation, to monitor use of the Site and to remove any content which, in our sole discretion, may be offensive, illegal or otherwise objectionable in any way or in breach of these conditions. You accept that we may freely and peacefully use, at no cost and without any restriction, any content posted onto the Site.

USER GENERATED CONTENT (WHEN APPLICABLE)

Users are solely liable for any content they may post or upload onto the Site and the consequences of disclosing or broadcasting such content. We do not adhere to or approve any content, opinion, suggestion or notice generated by users and we decline any and all responsibility and liability in respect of any such content. You therefore expressly and irrevocably undertake and accept to defend, indemnify and hold Rhum St Barth (and its subsidiaries, affiliates, their shareholders, officers, directors and employees, their contractors) harmless from and against any and all demands, claims, proceedings, liabilities, losses, interest, penalties, damages, costs, expenses, and charges whatsoever (whether founded in contract, tort or otherwise) (including without limitation all reasonable legal and other reasonable professional costs and expenses incurred as a result of defending or settling any such claims) which may be incurred by Rhum St Barth (and/or its subsidiaries, affiliates, their shareholders, officers, directors and employees, their contractors) as the result of any claim, suit or proceeding brought or threatened against Rhum St Barth (and its subsidiaries, affiliates, their shareholders, officers, directors and employees, their contractors) in connection with: • Any content or part of content posted by you and/or using your terminal, • A breach or alleged breach of any warranty, representation or agreement made by you under these conditions; • Any infringement of third-party rights, including but not limited to intellectual property rights and publicity rights. Where relevant, we reserve the right, but not the obligation, to monitor the use of the Site and to remove any content which, in our sole discretion, may be offensive, illegal or otherwise objectionable in any way or breach of these conditions. You accept that we (as well as any third parties authorised by us) may freely and peacefully use, at no cost in perpetuity and without any restriction, any content posted onto the Site.

VIRUSES

We do not guarantee that the Site or its server will be secure or free from bugs, errors, worms or viruses and we shall not be liable for any loss or damage you may suffer as a result of any such technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it. You should therefore use your own virus protection software. You agree that you will not knowingly introduce to our Site any viruses, trojans, worms or other matter which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer or database connected to our Site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you could be committing a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

LOCAL LAWS & REGULATIONS

Our Site is hosted in the United Kingdom and complies with the laws of the United Kingdom. We do not represent that content available on or through our Site is appropriate or available in other jurisdictions. We may limit the availability of our Site or any service or product described on our Site to any person or geographic area at any time. This Site is not directed at persons in a jurisdiction where the Site’s publication or availability is prohibited for any reason and any person to whom such a prohibition applies must not access the Site. Those who access the Site do so on their own initiative and at their own risk and are responsible for compliance with applicable local laws or regulations. Our Shop is directed to people residing in the United Kingdom and we only deliver to addresses within the Mainland United Kingdom and the Isle of Man. If you are based outside the United Kingdom or the Isle of Man, you may access our Site and place orders through our Shop for delivery to an address in the United Kingdom or the Isle of Man however you do so entirely at your own risk and you are responsible for compliance with applicable local laws or regulations. You may not access our Site or place orders through our Site where local law or regulations provide that it is unlawful for you to do so.

SECTION B: PRODUCT TERMS


INTRODUCTION

The terms in this Section B ("Product Terms") apply to any order for products that you place via the Shop. 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 in the Shop. 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 Shop ("Additional Product Terms"), the Additional Product Terms shall prevail.

PRODUCT DESCRIPTIONS

The images of the products on our Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images. The packaging of the products may vary from that shown in images on our Site.

USE OF THE PRODUCTS

You acknowledge that any products purchased from us are for your personal, domestic, and private use only (which may include their use as gifts for third parties). The products may not be resold or otherwise used for commercial or business purposes. If you are a corporate partner or would like to hear about corporate partner opportunities, please contact [email protected].

DEFECTIVE PRODUCTS

We only offer refunds or exchanges where the products supplied are not of satisfactory quality, fit for purpose or do not comply with the order accepted by us. If you have received a product (including a personalised product or sealed product) that is not of satisfactory quality or fit for purpose or does not comply with your order, please contact our Team know as soon as possible. You can contact us by emailing [email protected]. 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 unopened (where applicable), and otherwise in the same condition in which you received them, and securely packaged in the original packaging in which they were delivered to you. 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 Team. 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 30 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 30 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.

SECTION C: GENERAL TERMS & CONDITIONS OUR LIABILITY

Rhum St Barth Limited will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: • Use of, or inability to use our Site. • Use of or reliance on any content displayed on our Site other than, in the case of Rhum St Barth, where the content forms a term of a Product Contract. Rhum St Barth is under a legal duty to supply products that are in conformity with your Product Contract. Rhum St Barth warrants to you that any product purchased from it through the Shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. All other warranties (whether express or implied) are excluded to the fullest extent permissible by law. We will be responsible for loss or damage you suffer which is a foreseeable consequence of our breach of these Terms and Conditions or our negligence but we will not be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach of these Terms and Conditions or if the loss or Rhum St Barth at the time your order was accepted. Rhum St Barth shall have no liability (whether in contract, tort, negligence, breach of statutory duty or otherwise) for any indirect, consequential, or special loss (including, without limitation, loss of business, loss of business opportunity, business interruption, loss of goodwill and loss of reputation) or loss of profits. Rhum St Barth’s maximum liability for losses or damages you suffer as a result of our breach of these Terms and Conditions in relation to any Product Contract is limited to the purchase price of the product(s) you purchased. Nothing in these Terms and Conditions excludes or limits in any way Rhum St Barth's liability: • For death or personal injury caused by our negligence; • Defective goods under the Consumer Protection Act 1987; • For fraud or fraudulent misrepresentation; or • For any matter for which it would be illegal for Rhum St Barth to exclude, or attempt to exclude, our liability, including in the case of Rhum St Barth liability under section 31 of the Consumer Rights Act 2015. Nothing in these Terms and Conditions shall affect your legal rights. For information about your legal rights, contact your local Citizens Advice Bureau or visit the Citizens Advice website at www.citizensadvice.org.uk.

EVENTS OUTSIDE OUR CONTROL

Rhum St Barth will not be liable for delay in performing, or failure to perform, if such delay or failure results from events, circumstances or causes beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or another natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. If an event beyond our reasonable control of Rhum St Barth 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; Rhum St Barth's 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, R. St Barth Limited will arrange a new delivery date with you after the event is over; and • If Rhum St Barth cannot perform its obligations under a Product Contract affected by an event beyond its reasonable control, you may choose to cancel that Contract. To cancel please contact us by emailing [email protected]. 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 Rhum St Barth is binding on you and Rhum St Barth and our respective successors and assigns. Rhum St Barth may transfer, assign, charge, sub-contract or otherwise dispose of your contract or any of its rights or obligations arising under it, at any time during the term of the order, provided your legal rights and your consumer rights are not prejudiced. This will not affect your rights or obligations under these Terms and Conditions. You may not transfer, assign, charge, sub-contract or otherwise dispose of the order, or any of your rights or obligations arising under it, unless we agree in writing.

RESOLVING DISPUTES

We want to address any concerns you may have without needing a formal legal case. Before filing a claim against Rhum St Barth, if you have a dispute with us relating to our contract with you, you may contact us at [email protected] and attempt to resolve the dispute with us informally. You can also write to us at FAO: R. St Barth Limited, 2 Hawsted, High Road, Buckhurst Hill, IG9 5SS. If a dispute cannot be resolved informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration, based on the nature of the dispute. You or we will also always have the option of resolving the dispute using court action (please see the Law and Jurisdiction section below for more detail).

SEVERABILITY & WAIVER

Each of the provisions of these Terms and Conditions operates separately. If any provision or part-provision of these Terms and Conditions is determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such provision or part-provision will to that extent be severed from the remaining provisions which will continue to be valid to the fullest extent permitted by law. No waiver by Rhum St Barth of any breach of these Terms shall constitute a waiver of any other breach. No failure by Rhum St Barth 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 Rhum St Barth 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 Rhum St Barth and/or us in relation to the subject matter of any Product Contract and supersede any prior agreement, understanding or arrangement between Rhum St Barth and you, 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. Rhum St Barth intends to rely upon these Terms and Conditions and any document expressly referred to in them in relation to the subject matter of any Product Contract.

OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

We have the right to revise and amend these Terms and Conditions from time to time for any reason, including (a) how our business operates; (b) changes in legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you. You will be subject to the Terms and Conditions in force at the time that you order products unless any change to these Terms and Conditions is required to be made by law or governmental authority (in which case it will apply to orders and/or previously placed by you).

OTHER SERVICES AND SPECIAL OFFERS

From time to time we may offer other services, special offers, discounts, and promotions together with services not specifically referred to in these Terms and Conditions. Such matters shall be subject, in addition to these Terms and Conditions, to specific terms and conditions relating to such matters. By taking the service or special offers, discounts, or promotions you agree to be bound by and comply with such additional terms and conditions.

LAW AND JURISDICTION

Subject to the paragraph below, these Terms and Conditions and any Product Contracts and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. If you are a consumer resident in in Scotland, you will benefit from any mandatory provisions of Scottish law. Nothing in these Terms and Conditions, including the paragraph above, affects your rights as a consumer to rely on the mandatory provisions of such local laws. Any dispute or claim arising out of or in connection with these Terms and Conditions, any Product Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England. If you are a consumer resident in Scotland, you may also bring proceedings in Scotland.

CONTACT

If you have any questions about Rhum St Barth you can check out our Visit Us page, or use the Contact Us email address to get in touch with our team directly.