Terms & Use of Service
This website is operated by QUINTESSENTIALLY GIFTS LIMITED ("QUINTESSENTIALLY GIFTS", "We", "Our", "Us"), trading as quintessentiallygifts.com (Our "Site"). We are registered in England and Wales under company number 06488742 and have Our registered offices at 29 Portland Place, London W1B 1QB.
This Site and related products and services are made available to You the customer ("You", "Your", "Yours", "Yourself") pursuant to the following Terms of Use and Service and any other rules posted on Our Site (collectively the "TOS"). If You have any queries regarding the TOS then please contact Us.
1. AGREEMENT
Please read the TOS carefully before placing any order or utilising any service. By using Our Site You indicate that You accept the TOS. Please do not use Our Site if You do not agree to the TOS.
1.1 We may modify the TOS from time to time. Your continued use of Our Site following such change shall be deemed to be Your acceptance of such change. If You do not agree to any change to the TOS then You must immediately stop using the Site. Any changes made after You have placed an order will not affect that order unless We are required to make the change by law.
2. ELIGIBILITY TO PURCHASE
2.1. In order to make purchases, You will be requested to register and provide Your personal details. In particular, You must provide Your real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items or purchasing a service, You will be required to provide payment details and You represent and warrant that the payment details You provide on ordering are both valid and correct and You confirm that You are the person referred to in the billing information provided. You must notify QUINTESSENTIALLY GIFTS immediately of any changes to Your personal information by e-mailing or telephoning:-
By Phone: +44 (0) 845 224 2617 Monday to Friday from 9.30am to 5.30pm (GMT)
By E-mail: enquiries@quintessentiallygifts.com
2.2 The Site is available to You only if you meet the following QUINTESSENTIALLY GIFTS’ terms of eligibility; (i) if You have been issued a valid credit card by a bank acceptable to QUINTESSENTIALLY GIFTS and (ii) if Your applications are acceptable to Us and if You have authorised QUINTESSENTIALLY GIFTS to process a charge or charges on Your credit card in the amount of the total purchase price for the products and/or services which You purchase. QUINTESSENTIALLY GIFTS reserves the right to restrict multiple quantities of a product and/or service being shipped to You to one postal address. When You are purchasing a service or ordering a product from Our Site, You warrant that the products and/or services purchased are for domestic use only and not for re-sale.
2.3. Certain products and services on Our Site are the subject of a legally prescribed age restriction. You are therefore required to confirm that You are over the required age. In doing so You warrant that the personal information which You will be required to provide when You purchase an age restricted product or service is accurate, current and complete in all respects. If We are unable to verify Your age We reserve the right to cancel your order.
3. INDEMNITY
You agree to fully indemnify, defend and hold Us, and Our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all liability, claims, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the TOS by You or any other liabilities arising out of Your use of this Site, or the use by any other person accessing the Site with Your personal information.
4. ORDERS
All orders are subject to acceptance by QUINTESSENTIALLY GIFTS and availability.
You can order:-
Online: via Our Site
By Phone: +44 (0) 845 224 2617 Monday to Friday from 9.30am to 5.30pm (GMT)
By E-mail: enquiries@quintessentiallygifts.com
5. PRICES
5.1 Prices are indicated in Pounds Sterling (unless stated otherwise) including VAT but excluding delivery charges, unless expressly stated otherwise.
5.2 The Value Added Tax is the tax applicable on UK territory.
5.3 The prices charged are those displayed on the Site at the time of ordering.
5.4 QUINTESSENTIALLY GIFTS makes every effort to ensure that the information provided on this Site is accurate and current; however this Site and its contents are provided on an "as is" basis and QUINTESSENTIALLY GIFTS makes no (and expressly disclaim all) representations or warranties of any kind with respect to this Site and its contents. QUINTESSENTIALLY GIFTS reserves the right to change price and availability information without notice.
6. OUR PRODUCTS
6.1 When making Your order You shall be informed as to the availability of the product You wish to select.
6.2 For any queries regarding a product's unavailability, You may contact Us by phoning +44 (0) 845 224 2617
6.3 However, in the exceptional event of the product being unavailable after confirmation of the order, You shall be informed of the fact by email, no later than five (5) working days after confirmation of the order.
6.4 The photographs illustrating the products presented reproduce them as faithfully as possible, but are of no contractual value. You are advised to view the description of each product to satisfy Yourself as to its basic characteristics. Please note that all sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
6.5 Please note that all products remain the property of QUINTESSENTIALLY GIFTS or its associates until payment is received in full.
7. ACCEPTANCE OF YOUR ORDER - WEB AND TELEPHONE ORDERS
7.1 Once You have made Your choice and Your order has been placed, You will receive an email acknowledging the details of Your order. This email is NOT an acceptance of Your order, just a confirmation that We have received it.
7.2 Unless You cancel Your order, acceptance of Your order and completion of the contract between You and QUINTESSENTIALLY GIFTS will be completed when We email You to confirm the products have been dispatched. The sale contract is therefore concluded in London, England and the language of the contract is English.
7.3 We reserve the right not to accept Your order in the event, for example, that We are unable to obtain authorisation for payment, that shipping restrictions apply to a particular product, that the product ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that You do not meet the eligibility criteria set out within the TOS.
8. PAYMENT
8.1 Only payments made by bank card (VISA, VISA ELECTRON, MASTERCARD, AMERICAN EXPRESS, DELTA AND MAESTRO) are accepted. Please note a 3% administration charge is incurred on AMERICAN EXPRESS transactions. Credit cards are always debited in UK pounds sterling. If You are a customer whose credit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day Your credit card company processes the transaction. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of Your payment card refuses to authorise payment to QUINTESSENTIALLY GIFTS, We will not be liable for any delay or non-delivery.
8.2 Methods of payment such as bank transfers and cash on delivery are not accepted.
8.3 The amount of the payment due will be debited from your bank account or credit card at the date when the products are ordered. In the event of partial delivery, only the value of the products actually delivered will be debited.
8.4 The making of an order implies acceptance by You, thereby entailing formation of the contract and Your final acceptance of the prices and descriptions of the products available for sale, as well as acceptance of the TOS as a whole.
8.5 We will take all reasonable care, in so far as it is in Our power to do so, to keep the details of Your order and payment secure, but in the absence of negligence on Our part We cannot be held liable for any loss You may suffer if a third party procures unauthorised access to any data You provide when accessing or ordering from Our Site.
9. INSURANCE AND DELIVERY
9.1 QUINTESSENTIALLY GIFTS delivers anywhere in the world. QUINTESSENTIALLY GIFTS insures each purchase during the time it is in transit until it is delivered to Your specified delivery address up to the value of £50,000. We require a signature for any goods delivered, at which point responsibility for Your purchased goods passes to You. If You have specified a recipient who is not You for delivery purposes (for example as a gift) then You accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by QUINTESSENTIALLY GIFTS and transfer of responsibility in the same way.
9.2 Orders are dispatched following the successful processing of Your bank and address details. This process which ensures Your safety and Ours against Credit Card fraud, can take up to 24hrs after You have placed Your order, but We will send You an email immediately notifying You that Your order has been shipped. For Your security first-time orders can only be shipped to the cardholder's billing address or a corporate work address which QUINTESSENTIALLY GIFTS are able to verify independently. As a returning customer Youcan have the Products delivered to a different address from Your own.
9.3 QUINTESSENTIALLY GIFTS will make its best efforts to ensure delivery of the order, enclosing the evidencing invoice, within an average of two (2) to three (3) working days within the UK and seven (7) working days worldwide and a maximum of thirty (30) working days from the day following the date of payment of the order. It is hereby specified that orders placed on Our Site on Friday afternoon from 1.00pm onwards, Saturday or Sunday will be processed the following Monday. Orders placed on Our Site on public holidays will likewise be processed the next working day.
9.4 Delivery will not be made in the event of transport strike and/or postal strike.
9.5 The products shall be deliverable only subject to availability.
9.6 Deliveries within the UK shall be sent by ordinary delivery or express delivery (depending on the postage and packaging cost option selected by the You). For the rest of the world, orders are dispatched by express delivery and the cost of delivery will depend on the number of products ordered.
9.7 QUINTESSENTIALLY GIFTS cannot be held responsible for delays caused by external circumstances.
10. SHIPPING FEES
10.1 Orders outside the European Union and Monaco will not be charged VAT (20%). They are subject to local taxes upon arrival except for Switzerland and Norway. You are responsible for any local taxes incurred. We recommend that You contact Your local customs authority to determine a landed cost price prior to purchase completion.
10.2 In case of incomplete delivery, shipping fees will only be charged on the first delivery.
10.3 Shipping Fees are as follows:-
UK Standard Delivery (2-3 days) £9
UK Express Delivery (Next working day. Order needs to be made before 12pm) £12
UK Next Day Delivery Before 12pm (Order needs to be made before 12pm) £15
UK Saturday Delivery Before 12pm (Order needs to be made before 12pm on Friday) £20
Standard European Delivery (From 2-5 days) £30
Standard Worldwide Delivery (Up to 7 days) £45
10.4 The above transit days are estimates or guidelines, and We cannot be held responsible to delays due to weather, acts of God, acts of terrorism, etc.
11. PERSONAL SHOPPING, STYLING AND SERVICES
11.1 Any charges relating to this service, unless otherwise agreed, will be billed in accordance with Quintessentially Gifts’ pricing structure. Please also see Eligibility to Purchase.
11.2 QUINTESSENTIALLY GIFTS may at Your order purchase these goods (or services if applicable) on Your behalf. In the event that We act as a credit agent in this regard, You hereby authorise QUINTESSENTIALLY GIFTS to deduct the credit sum from Your Payment Card within 30 days of the payment date. A 10% administration fee will be added to all purchases made on Your behalf by QUINTESSENTIALLY GIFTS.
11.3 PERSONAL SHOPPING FEES:
(a) £30 per hour + VAT.
(b) Personal shopping is non-refundable. If paying by the hour You accept the TOS and will be billed accordingly after the service has been provided. Payment will be taken by the Payment card provided by theYou. Please see Eligibility to purchase.
11.4 PERSONAL STYLING FEES:
(a) £72 per hour (VAT included).
(b) Personal styling is non-refundable. If paying by the hour You accept the TOS and will be billed accordingly after the service has been provided. Payment will be taken by the Payment card provided by You. Please see Eligibility to purchase.
12. RIGHT OF WITHDRAWAL
12.1 With respect to all distance selling transactions You shall have fourteen (14) days from the date of receipt within which to return the articles You have ordered, at Your own expense. To be returnable, the products must be neither worn nor washed. The products must be returned in their original condition and packaging to the following address: QUINTESSENTIALLY GIFTS, 29 Portland Place, London, W1B 1QB, UK.
12.2 If the above-stated conditions are fulfilled, QUINTESSENTIALLY GIFTS shall refund You for the total amount of Your order, within fifteen (15) days of QUINTESSENTIALLY GIFTS receiving the products, except for the cost of returning the products, which shall be borne by You.
13. EXCHANGES AND REFUNDS
13.1 You shall have fourteen (14) days within which to return or exchange, at your own cost, any product ordered by distance selling methods including Quintessentially Gifts' website if it fails to give You satisfaction. This time limit shall run from the date of receipt of the products. Beyond that time limit, We may at our option refuse to make the exchange or refund. Please note that there is a seven (7) day return policy for Jade Jagger items.
13.2 Please note that the Distance Selling Regulations do not apply to personalised/ bespoke items made to Your specification or perishable goods (for example food, flowers, etc).
13.3 Please note that for hygiene reasons, beauty products, perfumes and toiletries cannot be returned or exchanged.
13.4 To request a Return please email Us at gifts@quintessentially.com or by telephone at +44 (0) 845 224 2617.
13.5 All products must be returned in their original condition and packaging, neither worn nor washed with the initial invoice enclosed, to the following address: QUINTESSENTIALLY GIFTS, 29 Portland Place, London, W1B 1QB, UK.
13.6 It shall be Your responsibility to retain all proof of return; this implies returning Your order by registered parcel or by any other means of ascertaining the date of the return dispatch.
13.7 Any products returned other than in their original condition and packaging, particularly where they are incomplete, or have been used or soiled by You, will not be taken back. In the event of abnormal or unreasonable returns, QUINTESSENTIALLY GIFTS may refuse to honour any future order.
13.8 If the above-stated conditions are fulfilled, We shall refund You for the total amount of Your order, within fifteen (15) days of Us receiving the Products, except for the cost of returning the Products, which shall be borne by You.
13.9 In the event of an exchange, we will not charge You for the cost it incurs in re-sending the product exchanged.
13.10 If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through QUINTESSENTIALLY GIFTS. However, You may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside of the EU will be submitted to the same customs procedures, therefore applicable for duty and tax again.
13.11 In the case of London Same-Day delivery, if you are not in to receive your order at the scheduled time, you will be charged each time we try and re-deliver your item.
13.12 In the result of supplying us with the wrong address, you may be charged for re-delivery.
13.13 If you refuse to accept your shipment, you may be refunded on the item, but you will be charged for all shipping costs.
13.14 Upon delivery, before signing for your item(s), please check that it has arrived in perfect condition. If it has not, then please do not sign for it.
13.15 Please understand that we cannot accept a PO Box as a billing or delivery address.
14. LATE RETURNS
Please seek to return items within 14 days of the date of your return request. Returns outside these timeframes may be accepted at the discretion of QUINTESSENTIALLY GIFTS, and depending on the circumstances may only be refunded as a store credit.
15. YOUR RIGHTS
15.1 You have certain rights under the law. These include, in England:
15.1(a) That any products You order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
15.1(b) Certain remedies if a product is defective; and
15.1(c) A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
15.2 Nothing in the TOS is intended to affect these rights. For more information about Your rights contact Your local Citizens Advice Bureau or Trading Standards Bureau.
16. LIMITS ON OUR LIABILITY
16.1 We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
16.2 Subject to the above, QUINTESSENTIALLY GIFTS will take reasonable endeavours to verify the accuracy of any information on the Site but makes no representation or warranty of any kind.
16.3 Nothing in the TOS is intended to affect Your rights under the law (see paragraph 15: “Your Rights" above).
16.4 If QUINTESSENTIALLY GIFTS breaches the TOS We shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and Us at the time of you placing your order, and Us dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
16.5 We are not responsible for losses not caused by our breach or negligence, indirect, incidental, special or consequential losses or any direct loss of profits, goodwill, use, data or other intangible losses (even if We have been advised of the possibility of such losses).
16.6 We are also not responsible for failure to meet any of Our obligations under the TOS where such failure is due to events which are beyond our reasonable control.
17. THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than QUINTESSENTIALLY GIFTS, including advertisers. We have not reviewed all of the websites linked to this Site and are not responsible for the content or accuracy of any off-site pages nor are We responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
18. GOVERNING LAW
The TOS together with all Our policies and procedures will be governed by and construed in accordance with the laws of England and Wales and are subject to the exclusive jurisdiction of the English courts.
19. INTELLECTUAL PROPERTY
19.1 You acknowledge and agree that all copyright, trademarks, database and all other intellectual property rights in all materials and/or content available on Our Site shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorised by Us or Our licensors.
19.2 Furthermore, You acknowledge and agree that the material and content contained within the Site is made available for Your personal non-commercial use only and that You may retrieve and display the content of the Site on a computer screen for such purpose. Any other use of the material and content of the Site is strictly prohibited. You may not use, modify, reproduce, copy, distribute or use for commercial purposes any of the materials or content on Our Site.
20. ENTIRE AGREEMENT
The TOS forms the entire basis of any agreement reached between You and QUINTESSENTIALLY GIFTS.
21. SEVERANCE
If any part of the TOS shall be deemed unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions of the TOS.
22. PRIVACY POLICY
22.1 We will treat all Your personal details as confidential and We will only disclose this information in the circumstances set out below. We will keep it on a secure server and We will comply with UK Data Protection legislation in relation to the use of your personal data. When you register on this Site, or make a purchase we will ask You to input and will collect personal details from You such as your name, e-mail address, billing address, telephone number. We may also collect, and our third party providers may collect, information about where You are on the internet (e.g. the URL You came from, IP address, domain types like .co.uk and .com), Your browser type, the country and telephone area code where Your computer is located, the pages of our Site that were viewed during Your visit, any advertisements You may have clicked on, and any search terms that You entered on our Site.
22.2 We use Your information only for the following purposes:
a. maintaining Your registration
b. for statistical purposes to improve this Site and its services to You
c. to serve Site content to you
d. to administer this Site
e. if You consent, to notify You of products or special offers that may be of interest to You
f. if You consent, to send You information by post or email.
22.3 We will not release Your personal details to any company outside of the Quintessentially group of companies.
22.4 You should be aware that if We are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide Your personal details and /or user information, We are entitled do so.
22.5 Please check back frequently to see any updates or changes to Our privacy policy.
