Terms & Conditions
Please read these terms and conditions carefully before placing an Order (as defined below). This notice is issued by Quintessentially Gifts Limited (Quintessentially).
1.1 Quintessentially provides curated gifts sourcing and personal shopping Services.
1.2 By accessing any part of the Website or by placing an Order, You shall be deemed to have accepted this Contract in full.
1.3 This Contractshall form a legally binding agreement between Quintessentially and the Customer.
1.4 Quintessentially may revise this Contract at any time by updating the relevant page of the Website. The Customer should check the Website from time to time to review the then current legal notice. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
2.1 Definitions. In these Terms it is agreed that the definitions below shall have the following meanings:
Business Day: a day (other than a Saturday, Sunday or public holiday) when banks in England are open for business.
Contract: means the binding agreement between the Customer and Quintessentially as set-out in clause 3.1.
Customer / You: means any person who places an Order for Goods and/or Services through Quintessentially by any means.
Goods: means the Goods sourced by Quintessentially and to be supplied to the Customer by a Supplier.
Intellectual Property Rights: all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights related to the Website, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
Order: means an order placed by the Customer for Goods or Services as set out in Clause 3.
Services: means the personal shopping and sourcing services provided by Quintessentially to the Customer.
Supplier: means a supplier engaged by Quintessentially on behalf of and as agent for the Customer to provide Goods sourced by Quintessentially to that Customer.
Website: means the internet based domain under the name ‘Quintessentially Gifts’ (www.quintessentiallygifts.com).
2.2 In these Terms, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes faxes and e-mails.
3. Placing an order
3.1 By placing an Order in accordance with clause 3.3, the Customer is making a request to purchase Goods or Services in accordance with this Contract. Upon receipt of the Order, Quintessentially shall send an email notification to the Customer confirming receipt of the request to purchase. The Order itself shall only be confirmed once Quintessentially has accepted the request and provided notification to the Customer of such acceptance.
3.2 Orders can be placed:
(a) by emailing firstname.lastname@example.org; or
(b) by telephoning Quintessentially on 0845 224 2617, Monday to Friday between the hours of 9.30am and 5.30pm (GMT).
3.3 Quintessentially reserves the right to refuse acceptance of a request for Goods or Services on any basis whatsoever and in the event of such refusal is under no duty to disclose its reasons to the Customer.
3.4 All Orders are subject to availability of the Goods or Services, which shall only be guaranteed upon notification of acceptance of the request to purchase Goods to the Customer by Quintessentially. For any queries regarding availability Customers should call Quintessentially on 0845 224 2617. In very rare circumstances following confirmation of an Order by Quintessentially, the Order may require cancellation on account of the Goods or Services being unavailable, of which Quintessentially shall notify the Customer as soon as possible and within 5 Business Days. In such circumstances the Customer agrees that Quintessentially shall not be liable in any way whatsoever, and any monies paid for such Goods or Services shall be promptly refunded to the Customer no later than 15 days from the date the monies were originally received.
4.1 Payment for Goods or Services must be made by debit or credit card only, and must be using one of the following cards: VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS, DELTA, MAESTRO.
4.2 Customers accept that a 2.7% administration fee will be incurred for all transactions paid by card as listed above
4.3 All credit cards will be debited in pounds sterling. For Customers using credit cards not denominated in pounds sterling, the price charged to the credit card shall be calculated in accordance with the exchange rate on the day the relevant credit card company processes the transaction.
4.4 In certain limited circumstances Quintessentially may place an Order on behalf of a Customer at the Customer’s request and subsequently make the relevant payment on their behalf. In such circumstances the Customer shall provide credit or debit card details to Quintessentially promptly upon request and expressly authorise Quintessentially to deduct a sum equal to the value of the Order within 30 days of the payment date. The Customer acknowledges that an administration fee will be added to all Orders placed by Quintessentially on behalf of the Customer, calculated as a percentage of the value of the Order and notified in advance to the Customer.
5. Exchange and refund policy
5.1 The Customer will be subject to the terms and conditions of the Supplier in relation to all Goods purchased using Quintessentially’s service. The Customer acknowledges that returns or exchange of Goods purchased from a Supplier may not always be possible. . Quintessentially shall not be liable to the Customer where a Supplier does not accept the return or exchange of an item.
5.2 The Customer acknowledges that the following Goods cannot be refunded or exchanged:
(a) personalised and bespoke items made to a Customer’s specification;
(b) perishable goods (for example food and flowers); and
(c) beauty products, perfumes, toiletries and other similar products.
5.3 It shall be the Customer’s sole responsibility to retain all proof of return, for example by returning the Goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.
5.4 No applicable customs duties and sales taxes shall be refundable through Quintessentially. It shall be the Customer’s sole responsibility to recover such monies in the case of return or exchange of Goods.
6. Customer obligations
6.1 The Customer warrants that any Order made is for personal use and not for re-sale.
6.2 The Customer warrants that all information provided to Quintessentially is accurate and true.
6.1 Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. Quintessentially shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
6.2 Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.
6.3 When ordering Goods through Quintessentially’s Goods sourcing service, you may be required to provide your Payment Card details. If you request and authorise Quintessentially to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that Quintessentially shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Quintessentially acts in accordance with the instructions issued by you in relation thereof.
7. Intellectual property rights
7.1 All Intellectual Property Rights in or arising out of or in connection with any material placed on the Website by Quintessentially shall remain the property of Quintessentially or its licensors as relevant.
7.2 Customers are not entitled to use, including without limitation to copy, retrieve, reproduce, archive and/or modify any part of the Website (including without limitation its logo, without Quintessentially’s and/or the relevant licensor’s prior consent. Customers shall immediately cease any unauthorized use upon notification by Quintessentially.
7.3 The Customer acknowledges that all material placed on the Website is for the Customer’s personal non-commercial use only, and use of the materials shall only be retrieved and displayed on a private computer and for no other use.
8.1 While Quintessentially endeavours to ensure that the information on the Website is correct, Quintessentially does not warrant the accuracy and completeness of the material on the Website. Quintessentially may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and Quintessentially makes no commitment to update such material.
8.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, Quintessentially provides you with the Website on the basis that Quintessentially excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill which, but for this legal notice, might have effect in relation to the Website.
8.3 Any photographs illustrating Goods or Services on the Website are for illustrative purposes only and while Quintessentially aims to provide an accurate portrayal of Goods or Services, such images shall hold no contractual value and it is the express responsibility of the Customer to view descriptions and satisfy themselves with regard to their Order. Any measurements and descriptions are approximate only.
9.1 Nothing in this Contract shall limit or exclude Quintessentially's liability for:
(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
9.2 Subject to clause 11.1:
(a) Quintessentially shall not be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses; and
(b) Quintessentially's total liability to the Customer in respect of all other losses arising under or in connection with this Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total value paid by the Customer to Quintessentially.
9.3 Your contract for the supply of Goods is made with the relevant Supplier only. Quintessentially acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.
9.4 You acknowledge that any contract entered into by you with any Supplier is an independent contract. Quintessentially hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by you as a result of any act or omission of a Supplier whether or not arranged through the Quintessentially.
9.5 Quintessentially shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from the supply of Goods to you by a Supplier or any instructions supplied by you which are incomplete, incorrect or inaccurate.
9.6 Quintessentially shall not be liable to you or be deemed to be in breach of this Contract by reason of any delay in performing, or any failure to perform, any of Quintessentially's obligations hereunder, if the delay or failure was due to any cause beyond Quintessentially's reasonable control.
9.7 Except as expressly set out in this Contract, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract.
9.8 This clause 11 shall survive termination of the Contract.
(a) A waiver of any right under this Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under this Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under this Contract are cumulative and do not exclude rights provided by law.
(a) If a court or any other competent authority finds that any provision of this Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of this Contract shall not be affected.
(b) If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
10.3 Variation: Quintessentially may vary this Contract from time to time and will notify you of any changes in a timely manner. Notification will be by some or all of the following: Quintessentially Newsletter, the Website, by Email or by telephone. Your continued use of your Membership constitutes acceptance of such variations to this Contract.
10.4 No partnership: Nothing in this Contract is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.
10.5 Governing law and jurisdiction: This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Issue Date: May 2016