TERMS AND CONDITIONS

Terms and Conditions

Terms and Conditions

RONENCASA’s TERMS AND CONDITIONS OF USE AND SALE

Dear customer please before accessing, consulting, using, or purchasing on the Website, it is imperative that you read and accept the following terms and conditions of use and sale of Ronencasa (hereinafter, the "General Conditions").

OWNERSHIP:
1. The owner of the web site “Ronencasa” is the company Havana Club International, S.A., with registered address at Calle A No. 309, Vedado, La Habana, Cuba (hereinafter, “HCI” or the “Company”).
2. The Company is registered under number II, 23-26 of the joint ventures’ book of the Central Registry of Commerce of the Ministry of Justice, in accordance with the laws in force in the Republic of Cuba.
3. The e-mail address for customer service is: ronencasa.soporte@havanaclub.cu
PURPOSE:
1. HCI makes available through its web sites, applications or any other means it may establish in the future a technological platform (hereinafter the "Website" or "Ronencasa"), where it offers for distance selling alcoholic beverages produced under the Havana Club brand and other brands of the Pernod Ricard S.A. portfolio, as well as promotional items associated with these brands (the “Products”), addressed to users and customers of the Website ("Users" or "Customers") and to third persons to whom these Products are shipped if they are different from the Users or Customers ("Recipients").
2. HCI may – in accordance with the development of its commercial activity – expand and/or modify its Web Site, including or substituting new products, activities and/or contents.

TERMS AND CONDITIONS OF USE:
1. Acceptance of the Terms and Conditions of Use and Sale:
  1. These General Conditions govern the User's access to and use of the Website as well as the purchase of Products through the Website.
  2. The User must read these General Conditions carefully each time he/she accesses the Website, as these General Conditions may be modified.
  3. The User hereby states that he/she:
    - Has read and fully understands what is set forth herein.
    - Is of legal age and has the legal age required to purchase alcoholic beverages in accordance with the legislation of the country of his/her residence and with sufficient capacity to contract.
    - Assumes all the obligations set forth herein.
    - is fully aware that, in compliance with the Cuban Assets Control Regulations ("CACR") in force of the United States of America ("US"), which expressly prohibit any US citizen or company, or resident in the US or its territories, from acquiring any type of Cuban goods, he/she will refrain from making purchases on the Website, and expressly declares to exempt HCI from any type of responsibility in case of non-compliance in this respect.
  4. The owner of the Website reserves the right to make, at any time and without prior notice, modifications and/or updates of these General Conditions or any element which constitute the design and configuration of this Website.
2. Access to the Website, legal age, and responsible consumption:
  1. Access to the Website is free of charge, except for the cost of connection through the telecommunications network supplied by the internet services provider hired by the User.
  2. Given that the Products offered on the Website involve, among other products, alcoholic beverages, access to the Website is only permitted to individuals of legal age in accordance with the regulations in their country of residence. Please exit this Website immediately if you are a minor.
  3. The sale and consumption of alcoholic beverages in Cuba is authorized from eighteen (18) years of age. Since the delivery of the Products available on the Website is exclusively intended for the territory of Cuba, the Customer declares that the Recipient(s) of the Product(s) ordered by the Client must be over eighteen (18) years of age.
  4. HCI through its Website promotes the responsible consumption of alcoholic beverages to the extent that it does not affect people's health. The consumption of alcohol is not recommended before or while driving or in conditions that represent a risk to people's health.
3. Registration requirement:
  1. Generally speaking, access to the Website does not require User registration. However, access to certain services and/or the use of certain contents of the Website may be conditional upon the User's prior registration.
  2. To execute an online purchase the Website will require personal data from the User which must be accurate, up-to-date and true at all times. All the User’s personal data that is collected on our Website may include, but is not limited to: name, email and postal address, telephone number, purchasing data, and any other information that Users may provide indirectly such as IP address and browser software.
  3. The registered User will be responsible at all times for the custody of his password assuming consequently any kind of damages that may arise from its misuse, transfer, disclosure and/or its loss. To these effects, the access to restricted areas and/or the use of contents under the password of a registered User will be deemed to have been made by said registered User who will be liable in any case for such access or use.
  4. By registering on our platform, you acquire the status of Client, enabling HCI to treat your personal data to let us facilitate your access and use of the Website. This includes but is not limited to: managing the registration of our Clients to their accounts, managing their requests and sales of the Products offered through the Website, managing any confirmation, modification and cancellation of orders, responding to complaints and inquiries that may be sent by the Clients, sending commercial communications by electronic means regarding those Products that may be of interest to our Clients, managing their participation in competitions and promotional activities carried out by HCI and, when necessary, complying with legal obligations that apply to HCI. The conditions of treatment of personal data collected by the Website are detailed in section 7 below.

Terms of use:
1. The User undertakes to use the Website and all its content and services in accordance with the provisions of the law and these General Conditions.
2. Moreover, the User undertakes to make appropriate use of the services and/or content of the Website and to refrain from using them to conduct unlawful or criminal activities that violate the rights of third parties and/or infringe upon intellectual or industrial property regulations, or any other applicable set of laws.
3. The User undertakes not to transfer, introduce, disclose and make available to third parties any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that constitute a breach of the law, morality, public order, the official institutions of any country and these General Conditions. For purely informational purposes, and in no way limited or exclusive to the following, the User undertakes to:
  - Refrain from introducing or disseminating content or advertising of any sort that might be racist, xenophobic, pornographic, that incites terrorism, infringes upon human rights or that encourages a non-responsible consumption of alcohol.
  - Refrain from introducing or disseminating on the Internet data programmes (virus and malware) capable of causing damage to the information systems of the Internet service providers, their providers or third-party Internet users.
  - Refrain from disseminating, transferring or making available to third parties any type of information, element or content that violates basic rights and public liberties protected under the constitution and international treaties.
  - Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes unfair or illegal advertising.
  - Refrain from transferring unsolicited or unauthorized advertising, spam, chain letters, pyramid schemes, or any other form of unsolicited mailing, except to those areas (such as commercial spaces) that have been exclusively conceived for such purposes.
  - Refrain from introducing or disseminating any false, ambiguous or inaccurate information or content that misleads the receivers of such information.
  - Refrain from impersonating other Users by using their registration passwords to the different Website services and/or content.
  - Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes a violation of industrial and intellectual property rights, patents, trademarks or copyright corresponding or belonging to the owners of the Website or third parties.
  - Refrain from disseminating, transferring or making available to third parties any type of information, element or content that constitutes a breach of the privacy of communications.
4. The User undertakes not to hold HCI liable for any possible claim, fine, penalty or sanction it may be obliged to bear as a result of the User’s failure to comply with any of the aforementioned terms of use. Moreover, HCI reserves the right to claim damages that may correspond to it in any such circumstances.

Responsible drinking:

You warrant and agree that you are of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s country of residence. No website nor account (Twitter, Instagram, Youtube, Facebook, etc.) relating to the brand should be sharable to people under the legal drinking age.

HAVANA CLUB INTERNATIONAL S.A. and all companies within the Pernod Ricard Group has long been committed to promoting a responsible consumption of alcoholic beverages and discouraging misuse of our products. We have acted through a broad range of initiatives, in partnership with a wide range of organizations, including industry associations, regulators and public authorities’ representatives. While using the Sites or Social Accounts of the brand, you agree to upload, post or transmit content in respect with the promotion of responsible drinking and not to encourage immoderate or inappropriate consumption of our products.

To ensure compliance with that commitment, you shall not upload, post or transmit to or distribute or otherwise publish through the Sites and Social Media Account any materials that:

features any people who are or appear to be under the legal drinking age, including portraying them consuming alcoholic beverages; is made by someone under the legal drinking age;
encourages underage purchase or drinking of alcoholic beverages or illegal, irresponsible or immoderate drinking;
promotes over-consumption or condemns or criticizes in any way anyone who chooses not to drink alcohol;
portrays irresponsible drinking in a positive light or associates drinking with driving, operating any kind of machinery or engaging any kind of dangerous activity;
implies alcoholic beverages have any physical, psychological, intellectual benefits or contributes to sexual success;
implies alcoholic beverages gives confidence or helps to overcome individual or social problems;
glorifies the alcohol strength or relates to intoxicating effects of alcoholic beverages;
mentions drinking alcohol in relation to any kind of illegal, antisocial, dangerous, aggressive or violent behavior. We reserve the right to delete any contribution that do not comply with the above rules. To know more about our engagement: http://wise-drinking.com/

Limitation of Liability:
1. Except as otherwise provided in these General Conditions, HCI shall not be liable for any damages, losses, infractions to the laws of the place of initiation of the transaction, or of third States, or for any affection to the person of the Recipient, the User or the Client or to the goods and rights of the latter, derived from extraterritorial laws, or acts of the Clients, Users and/or the Recipients.
2. HCI is not responsible for any health and environmental effects resulting from the improper and/or unauthorized use of the Products sold on the Website.
3. The User's access does not imply for HCI the obligation to control the absence of viruses, worms or any other harmful computer element. It is up to the User, in any case, to ensure the availability of adequate tools for the detection and disinfection of harmful computer programs.
4. HCI is not responsible for any damage caused to the software and computer equipment of the User or third parties during access to the Website.
5. HCI is not responsible for damages of any kind to the User caused by failures or disconnections in telecommunications networks that cause the suspension, cancellation or interruption of the service of the Website during its provision or prior to that.
TERMS OF SALE:
1. Scope of application:
  1. These General Conditions shall apply to purchases made between Clients and HCI.
2. Checkout process:

The process to purchase Products on the Website is as follows:

Select the Product units to be purchased. Click on “process” and fill in the delivery information.
If the Client has a discount or gift coupon, the Client must complete the order until the end of the purchase process and choose "discount or gift coupon" as the payment method. If the Client does not choose this form of payment, he/she will not be able to claim the application of the discount after the order confirmation.
The payment of the order can be made either by credit card or by discount or gift coupon. It is not possible to combine the payment of the order with both methods.
In the "your order" section, the Client will be able to see the estimated delivery time after what he/she may click on "pay" button.
The Client must select one of the available payment methods HCI offers.
Finally, the Client must click on the "confirm payment" button. The Client will receive confirmation of acceptance of his/her order by an on-screen message and by e-mail to the account previously provided. All Products on the Website are offered according to HCI's sales catalogs.
The Client assumes responsibility for the correct and truthful entry of the delivery information. HCI does not assume any responsibility whatsoever if the delivery cannot be made due to inaccuracy of this information.
The description of the purchase order is the one included in the technical description of the Product. Any discrepancy between the Product purchased by the Client and the one published on the Website will be the responsibility of HCI.
HCI offers on its Website to the Users the sale of the Products for the consumption of individuals and/or companies. In no way does HCI authorize the purchase of Products for wholesale resale, so Clients who do not respect this rule will not be covered by the rules of consumer protection.
Pricing and payment policies:
1. The sale price is detailed for each Product and does not necessarily correspond to those in the Cuban market, although the Website takes them as a reference. These prices include the logistic and administrative expenses.
2. Prices will be quoted in EUROS.
3. HCI has the right to modify the sale prices, which will be published in advance.
4. HCI may use third party electronic payment services and/or financial institutions services to process purchase orders made by Clients through the Website.
5. HCI does not have access to the Client’s personal banking data linked to the purchase order and does not know or record these details during payment.
6. HCI may reject or cancel in its sole discretion, upon notification to the Client, purchase orders where the following situations may occur: (i) inaccuracies or obvious errors in the Product, (ii) inaccuracies or obvious errors in pricing through the Website, or (iii) any suspected fraud or materially false, incomplete or inaccurate data provided by Clients.
7. HCI may request the Client to provide a copy by fax or email of document used for the purchase order such as an ID, bank statement, passport or equivalent documentation to confirm the veracity of the data provided.
8. The Client shall pay using credit or debit cards recognized in international e-commerce (which shall only be international bank cards, Cuban cards not being accepted). It is understood that due to CACR regulations (as defined in section 3.1.3), Client’s payments made with a credit or debit card issued by a US bank will be rejected.
9. Confirmation of payment shall be required to revalidate the purchase order.
Purchase conditions:
1. The minimum amount per purchase is as follows:
2. A maximum purchase limit of two thousand five hundred euros (€2,500) of monthly orders per customer will be allowed. The Website will discard orders that exceed the set limits.
Terms of delivery and quality:
1. Delivery shall be made within the cycle declared for each destination.
2. The delivery cycle may be increased when several orders overlap at the same destination, implying a considerable increase in the volume to be transported.
3. Place of delivery: Purchase orders will be delivered to the delivery address designated by the Client on the purchase order form, provided that the address is included in the delivery areas specified on the Website. Deliveries will be made at the entrance closest to the street, without accessing to the building interiors. For these purposes, we hereby inform our Clients that there may be locations that are not accepted as delivery addresses, in which case Clients will be informed in advance of such circumstance and the purchase order will be cancelled unless the Client can provide an alternative valid address. HCI will not assume any responsibility when the delivery of the Products does not take place as a consequence of the inaccuracy or falsity of the information provided by the Client for this purpose, as well as in the event that the delivery cannot be made for reasons beyond the control of the shipping company assigned for this purpose, such as the absence of the Recipient.
4. The Recipient must attend the call of our staff to pick up the shipment. If it is not possible to access with the vehicle, the delivery will be made at a point as close as possible to the delivery destination.
5. No deliveries shall be made to minors under eighteen (18) years of age.
6. The Website guarantees the quality and authenticity of the goods, covered by the certifications issued by the health authorities of the places of manufacture and packaging.
7. Once the delivery has been made, returns will only be accepted in justified cases (such as errors or defects in the order). Likewise, returns may only be requested in their entirety (partial returns cannot be requested).
8. Delivery time: HCI will inform the Client of the estimated delivery time of the order in the checkout process. The delivery time indicated in the order is only an estimate and refers to working days. HCI will process the order placed by the Client within a maximum of ninety-six (96) working hours from the date of payment of the order, except in some specific cases where HCI specifies that additional days are necessary for the preparation of the order or for the purchase of the Products.
9. Although the approximate delivery time is informed in the order, HCI reserves the right to change this delivery time, without exceeding the maximum period mentioned above, after informing the Client of such change. Whenever the Product has not been shipped or the total delivery time from the date of payment of the order exceeds thirty (30) calendar days without HCI having properly informed the Client of the reason of the delay, the Client may cancel the order at no cost and receive a complete refund.
10. Deliveries are made on working days (Monday to Friday) and during business hours in Cuba (from 9:00 am to 5:00 pm). Deliveries are not offered on weekends, or holidays in Cuba, or on working days outside business hours, regardless of whether the Client requests these options in their order or in any communication to the HCI team.
11. It is up to the Client to verify the order at the time of delivery and to carry out at that time all claims that he/she deems justified such as product breakage or missing products. If the Client does not indicate to the delivery person upon reception and on the acknowledgment of delivery any anomaly with the order received (breakage, missing goods, wrong products), HCI will not be responsible for any claims or costs arising from a subsequent claim. HCI will be able to request before any claim for an evidence such as photographs that confirm this claim.
Cancellations and returns:
1. The Client may cancel the order if it has not yet been shipped and it will be charged with eight percent (8%) of the total amount of the purchase order, as a compensation for the costs of preparing the order.
2. HCI may cancel the transaction without refund or compensation if it detects any violation of these General Conditions, or if there are signs of fraud or risk of illegality within the transaction.
3. If the Recipient is not found or rejects the order, the cancellation and refund of the order will take place after a discount of twenty-five percent (25%) of the purchase order as a compensation for logistic expenses.
4. Cancellation of the transaction will be notified to the Client within 48 hours after the cancellation order.
5. Any reimbursement will be made through the relevant banking channels.

INTELLECTUAL AND INDUSTRIAL PROPERTY:
1. All Website content including but not limited to texts, photographs, graphics, images, icons, trademarks, logos, technology, software, links and other audiovisual or sound content, as well as its graphic design and source codes, are property of HCI or other related companies to HCI that hold intellectual property rights of the Havana Club brand or other brands of the Pernod Ricard Group brand portfolio. Under no circumstances are these rights of use assigned to the User or the Client pursuant to current intellectual property regulations.
2. The intellectual property rights associated with the Products, domain names, and any other intangible property subject to protection, shall remain at the disposal of their owners without being transferred or modified in any way, when accessing and using the Website.
3. The Website may be linked to other websites where Havana Club and/or Pernod Ricard products are offered, however it remains independent from all of them.

ENVIRONMENTAL PROTECTION POLICY:
1. The Website abides to the environmental protection, carbon footprint reduction, recycling and communal hygiene.
2. HCI requests its Clients and Recipients for the proper handling of containers and packaging when consuming the Products.
PERSONAL DATA PROCESSING:
1. The personal data provided by Users, Clients or Recipients will be kept for as long as they hold the status of User, Client or Recipient registered on our Website, being the personal data kept after the termination of the contractual relationship, duly blocked, for the legally established periods to meet the responsibilities that may arise from it. In particular, the personal data necessary to send you electronic commercial communications will be processed as long as you do not revoke the consent you have given and, once the consent has been withdrawn, for the period strictly necessary to respond to any liabilities that may have arisen.
2. No data will be transferred to third parties unless legally required or when it is strictly necessary for the defense of the Company's legitimate rights and interests. Notwithstanding the foregoing, third parties to whom the Company has entrusted the provision of services in their capacity as data processors, both in relation to the operation of the Website and the administration of the Company, will have access to personal data. In particular, we may share some of your personal data with (i) external service providers, such as the sending of order confirmations, the management of the collection of payments for services, etc.; and (ii) competent public bodies when required in accordance with the legal and regulatory provisions applicable as the case may be.
3. In any case, any third party who has access to your personal data will be obliged to use it solely and exclusively for the purposes for which the communication was made.
4. Those concerned persons have the right to access their personal data, as well as to request the rectification of inaccurate data (and to complete those that are insufficient), request their deletion when, among other reasons, the data are no longer necessary for the purposes for which they were collected.
5. In certain circumstances, the interested parties may request the limitation of their data processing, in which case we will only keep them for the exercise or defense of claims.
6. In certain circumstances and for personal reasons, data subjects may object to the processing of their data. In this case, the Company will stop processing the data, except for compelling legitimate reasons, or the exercise or defense of possible claims.
7. If you have given your consent for any specific purpose, you have the right to withdraw the consent given at any time, without affecting the lawfulness of the processing based on the consent prior to its withdrawal.
8. You may exercise your rights in the following way: by sending an e-mail to ronencasa.soporte@havanaclub.cu duly identifying yourself and expressly indicating the specific right you wish to exercise.
9. The Company treats data confidentially and adopts appropriate technical and organizational measures to ensure the appropriate level of security for the processing of your personal data.
10. However, the Company cannot guarantee the absolute invulnerability of the systems, therefore, it assumes no liability for damages resulting from alterations that third parties may cause in computer systems, electronic documents or files of the User. If you choose to leave our Website through links to websites not belonging to our entity, HCI will not be responsible for the privacy policies of such websites.
CUSTOMER SERVICE:
1. To make any complaints whatsoever, Users and Clients may contact HCI through the following channels:
  - Email: ronencasa.soporte@havanaclub.cu
  - Telephone: +53 59871779.
We inform our Clients that the questions and/or claims that they may have with HCI will be duly attended on a working day and time in Cuba.
CLAUSE INVALIDITY AND NULLITY:
1. If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness shall only affect such provision or the part thereof that is null or ineffective, and these General Conditions shall remain in force in all other respects and such provision shall be considered totally or partially as not included.
APPLICABLE LAW:
1. The operation of the WebSite and the execution of its commercial transactions are governed by Cuban law, considering that it is a site designed for the distribution of products in the territory of the Republic of Cuba, without prejudice to the rules governing the mechanisms of collection and payment.

Last Update April 25th 2022

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TERMS AND CONDITIONS