These Conditions apply to all services ordered from or provided to you by Quintessentially and by requesting services from Quintessentially you agree that these conditions shall apply to those services and your order.
1. DEFINITIONS AND INTERPRETATION
1.1 In these Conditions, the following definitions apply:
- Benefits: means the benefits made available to Members by Suppliers.
- Conditions: these terms and conditions as amended from time to time in
accordance with clause 10.5.
- Joining Fee: means the Fee payable by the Member to Quintessentially upon
acceptance of a Membership application, in accordance with clause 3.1.
- Member: a person registered as a member of the Membership Club.
- Membership: means membership of the Membership Club.
- Membership Card: means the card issued to Members by Quintessentially upon
acceptance of a Membership application in accordance with clause 2.
- Membership Club: means the Quintessentially Lifestyle Membership Club
owned by Quintessentially (UK) Limited.
- Membership Fees: means the fees payable in respect of Membership notified to
Members upon application for and prior to renewal of Membership.
- Payment Card: has the meaning given in Clause 3.7.
- Website: means the website located at www.quintessentially.com.
- Request: means a request placed by a Member with Quintessentially for
Quintessentially to arrange the supply of goods and/or services from a third party on the
Member's behalf.
- Services: means the concierge and lifestyle management services provided by
Quintessentially to its Members as part of their Membership.
- Supplier means a supplier engaged by Quintessentially on behalf of and as agent
for a Member to provide goods and/or services to that Member.
1.2 In these Conditions, 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 e-mails.
2. MEMBERSHIP APPLICATIONS AND YOUR MEMBERSHIP CARD
- 2.1 All Membership applications are subject to acceptance by Quintessentially at
its sole discretion. Quintessentially shall notify applicants in the event that his or her
Membership application has been accepted. Quintessentially is under no duty to disclose its
reasons for rejecting any Membership application.
- 2.2 You are obliged to provide correct personal details when you apply for
Membership. Failure to do so may invalidate your Membership and any subsequent transactions.
Your responsibility to provide accurate information is a continuing obligation and you must
notify Quintessentially promptly in the event that any information provided by you in connection
with your Membership changes.
- 2.3 Quintessentially operates offices in a number of territories worldwide.
Quintessentially encourages Members with residences in multiple territories to register for
Membership with the Quintessentially office in the territory where their primary residence is
located in the first instance.
- 2.4 Quintessentially will issue you with a Membership Card together with
associated Membership documentation as soon as possible following receipt of your Joining Fee
and Membership Fee.
- 2.5 Your Membership is personal to you. You are responsible for ensuring that no
one (other than your personal assistant on your behalf, where applicable) uses your Membership.
- 2.6 Access to and use of your personalized Membership section of the Website is
through a combination of user name and password. You are solely responsible for maintaining
the confidentiality of your user name and password and you agree to notify Quintessentially
immediately if you believe that there has been any breach of security, including the unauthorized
use of your name and password.
- 2.7 We will take all steps reasonably necessary to ensure that your data is treated
securely and in accordance with the Quintessentially privacy policy, further details of which are
set out in Clause 10.1. Please note that all information you provide to us is stored on our secure
servers. Any payment transactions carried out by us or our chosen third-party provider of
payment processing services will be encrypted using Secured Sockets Layer technology.
- 2.8 You must notify Quintessentially immediately by e-mail at
[email protected] if your Membership Card is lost or stolen.
3. MEMBERSHIP FEES, UPGRADES, CANCELLATIONS AND RENEWALS
- 3.1 For the first year of your Membership, Membership Fees and the Joining Fees
payable shall be confirmed to you prior to acceptance of your Membership application. The
Joining Fee shall be payable in full upon acceptance of your Membership application. Any
increase or decrease to the Membership Fees for subsequent years of Membership will be
notified to all Members in advance or their Renewal Dates.
- 3.2 You acknowledge that your payment of the Joining Fee constitutes your
express request for us to begin to supply you with the Services.
- 3.3 The Membership Fees and the Joining Fee are non-refundable.
- 3.4 Quintessentially is a private Members-only club, and as consideration for the
acceptance of your Membership application, you agree to public non-disparagement of
Quintessentially, any other Member, and/or Quintessentially’s employees/agents. This condition
survives the termination of your Membership.
- 3.5 Quintessentially is a non-solicitation environment, and any attempt to sell
goods and/or services to any other Member will be grounds for the termination of your
Membership.
- 3.6 Quintessentially reserves the absolute right to cancel or suspend your
Membership where it has reason to do so. All services are provided at Quintessentially’s sole
discretion.
- 3.7 Membership Fees are due on acceptance of your Membership application and
annually thereafter (the "Renewal Date"), and full payment will be taken by Quintessentially
annually in advance by direct debit or payment by a credit or debit card which you have
authorized us to deduct such payment from ("Payment Card") in accordance with the relevant
invoice.
- 3.8 Where you have provided us with details of a Payment Card or have
authorized a direct debit mandate, you hereby expressly authorize Quintessentially to deduct
collect renewal Membership Fees up to 28 days prior to or on your Renewal Date. Alternatively
you will be contacted directly in order to renew your Membership.
- 3.9 If you do not wish to renew your Membership you must notify us at least 30
days prior to your Renewal Date.
- 3.10 If you do not notify us in accordance with Clause 3.9, Quintessentially
reserves the right to recharge the then current Membership Fee in order to renew the
Membership.
- 3.11 Quintessentially (and its affiliated international offices) reserve the right to
refuse to provide the Services should any payment due under these Conditions not be received.
- 3.12 If, during the course of your current Membership, you wish to upgrade your
Membership to a higher level of Membership or Quintessentially reasonably requests you to
upgrade your Membership based on your usage of the Services, the difference in price between
the two categories of Membership will be payable on a pro rata basis. If you do not accept
Quintessentially's request for you to upgrade your Membership then Quintessentially reserves the
right to cancel your existing Membership with immediate effect in which case you will be
entitled to a pro-rata refund in respect of the period from the date of cancellation until the end of
the relevant Membership year for which you have paid Membership Fees.
- 3.13 Quintessentially may at your request purchase goods or services on your
behalf. In the event that we act as a credit agent in this regard, you hereby authorize
Quintessentially to deduct the credit sum from your Payment Card immediately.
4. SUPPLY OF SERVICES
- 4.1 Quintessentially shall supply the Services to the Member during the
Membership in accordance with the Member's particular Requests, provided that
Quintessentially shall not be required to provide or facilitate the supply of goods and/or services
that it deems at its sole discretion may violate applicable laws, standards and/or regulations or
may offend taste and decency in the relevant jurisdiction.
- 4.2 Quintessentially shall use its reasonable endeavers to meet any performance
dates specified, but any such dates shall be estimates only and time shall not be of the essence for
performance of any Services.
- 4.3 Quintessentially shall have the right to make any changes to the Services
which are necessary to comply with any applicable law or safety requirement, or which do not
materially affect the nature or quality of the Services, and Quintessentially shall notify the
Member in any such event.
- 4.4 Services will be provided in English (and in other languages depending on the
location of the Quintessentially office during normal business hours).
- 4.5 Outside normal business hours (or as may otherwise be required from time to
time), Member queries and/or Requests may be routed to an alternative Quintessentially office
for assistance. At such times, services will be provided in the English language.
- 4.6 You acknowledge that Quintessentially reserves the right to accept
commissions upon the supply of products or performance of services by any Supplier.
- 4.7 Telephone calls to Quintessentially may be monitored or recorded for training
and quality control purposes.
- 4.8 Quintessentially shall provide the Services using reasonable care and skill
and, as far as reasonably possible, in accordance with your Requests and reasonable instructions
from time to time.
- 4.9 Restaurants and clubs:
- (a) When you use the restaurant booking service you hereby authorize us to debit
your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited
as a result of your cancellation of the booking.
- (b) When you use the restaurant booking service you agree that where you cancel
a restaurant booking within 24 hours of the time the restaurant reservation is made you shall not
be entitled to any refund of any monies paid to secure the booking including the return of any
booking deposit.
- (c) Quintessentially reserves the right to deny restaurant requests from Members
if Members repeatedly fail to honor their bookings or continuously violate cancellation policies.
Repeated violations (that is, 3 times in any 12-month period of your Membership) of our
Restaurant policy may result in Quintessentially, at its sole discretion, charging a $75 per person
cancellation fee to the Member for cancelled or “no-show” bookings.
- (d) Admission of Members to any club premises is at all times at the sole
discretion of the club Supplier and Quintessentially shall have no liability where a Member is
refused admission to a club.
- 4.10 Tickets:
- (a) Quintessentially may be able to obtain "best tickets" for you in relation to sold
out events through one of its ticket agent partners. Please note that by instructing
Quintessentially to obtain such tickets on your behalf you are agreeing to purchase tickets above
face value and the total cost may include a service charge to Quintessentially in respect of our
provision of services to obtain the seats for you. Quintessentially is not the seller of the tickets
and is not responsible for fulfilment of your order.
- (b) All such tickets and ticket agent partners (who shall be the seller in respect of
the transaction) shall have their own terms and conditions (which we suggest you should read).
Such terms and conditions are likely to include terms which state that sales of tickets are final
and no refunds shall be issued after the purchase has been made. Quintessentially shall not be
able to provide you with any refund or obtain any such refund on your behalf.
- (c) In the event of a show being cancelled directly by the artist/promoter, it may
be possible to obtain a refund of the face value of the relevant tickets.
- (d) Quintessentially or its ticket agent partner will despatch your tickets through
delivery agents at standard rates. Please note that Quintessentially shall not be liable for any
failure by delivery agents to deliver your tickets.
5. PLACING A REQUEST
- 5.1 Members may place Requests by telephone (which does not include text
messages), e-mail or through the Members' section of the Website.
- 5.2 Members should always contact their primary office in the first instance to
manage all Requests (including international Requests).
- 5.3 Quintessentially, acting reasonably, reserves the right to withdraw any of the
Services and/or to refuse to accept any Requests at its sole discretion.
- 5.4 If Quintessentially is unable or not obliged to deal with any Request, it will
inform the Member as soon as reasonably practicable.
- 5.5 You undertake that all details you provide to us for the purpose of booking,
ordering or purchasing products or services are correct, that the debit, credit and/or Payment
Card you use from time to time is your own and that you have sufficient funds to cover the cost
of the product or service.
- 5.6 From time to time the procurement or provision of certain services, products
or benefits may incur a Quintessentially services fee or handling charge (of which you will be
notified in advance, and which may vary between Quintessentially offices) and in such event you
hereby authorize Quintessentially to debit your Payment Card with any such handling charges or,
alternatively, to invoice you in respect of such fees or charges.
6. CANCELLATIONS, REFUNDS AND RETURNS
- 6.1 The Member acknowledges that the sales contract for the supply of goods
and/or services made as a result of a Request is between the Member and the relevant Supplier
and that Quintessentially is not a party to such contract. Cancellation of contracts with Suppliers
should be addressed with the Supplier directly and will be subject to the relevant Supplier's
policies.
- 6.2 If a Request for a specific product or service is not available, Quintessentially
may offer you substitute products or services of a similar description and standard. You may at
your sole discretion refuse acceptance of such substitute products and/or services and request a
full refund in the event that payment has already been made to the Supplier for the unavailable
product or service.
- 6.3 All descriptions of any products, services or Benefits on the Website have
been approved by the relevant Supplier. Quintessentially shall not be liable for inaccurate or
misleading descriptions.
- 6.4 Payment for all products and services shall be due immediately upon
acceptance of the order by the relevant Supplier.
- 6.5 The Member further acknowledges that for goods purchased on his or her
behalf by Quintessentially directly from a Supplier, returns and exchanges will be subject to the
terms and conditions of that Supplier and returns or exchange of goods purchased may not
always be permitted. In circumstances where Quintessentially is asked to source a specific item
for a Member, Quintessentially shall inform the Member of the refund and exchange policy of
that Supplier in advance. Quintessentially shall not be liable to the Member where a Supplier
does not accept the return or exchange of an item.
- 6.6 It shall be the Member's sole responsibility to retain all proof of return of
goods to a Supplier, we recommend returning the goods by registered delivery, or by any other
similar means of ascertaining the date of the return dispatch and tracking the return.
- 6.7 We will inform you when we become aware that a refund of an order has been
processed by a Supplier.
- 6.8 Where orders are delivered outside the EU, any applicable customs duties and
sales taxes shall not be refundable through Quintessentially. It shall be the Member's sole
responsibility to recover such monies. Quintessentially shall have no liability for any items held
by any customs or border agency.
- 6.9 In the case of premium courier services, if the Member is not at the specified
Delivery address to receive their Order at the scheduled time, the Member may incur further
charges for subsequent attempts to re-deliver the goods.
7. SUPPLIERS
- 7.1 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.
- 7.2 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.
- 7.3 When ordering a product or service or accessing a Benefit, you may be
required to provide your Payment Card details. If you request and authorize 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.
- 7.4 You acknowledge that the Benefits are subject to availability and may change
from time to time without notice.
- 7.5 If Quintessentially's performance of any of its obligations under these
Conditions is prevented or delayed by any act or omission by the Member or failure by the
Member to perform any relevant obligation (Member Default):
- (a) Quintessentially shall without limiting its other rights or remedies have the
right to suspend performance of the Services until the Member remedies the Member Default,
and to rely on the Member Default to relieve it from the performance of any of its obligations to
the extent the Member Default prevents or delays Quintessentially's performance of any of its
obligations;
- (b) Quintessentially shall not be liable for any costs or losses sustained or incurred
by the Member arising directly or indirectly from Quintessentially's failure or delay to perform
any of its obligations as set out in this clause 7.5; and
- (c) the Member shall reimburse Quintessentially on written demand for any costs
or losses sustained or incurred by Quintessentially arising directly or indirectly from the Member
Default.
8. LIMITATION OF LIABILITY
- 8.1 Nothing in these Conditions shall limit or exclude Quintessentially's liability
for:
- (a) death or personal injury caused by its negligence, or the negligence of its
employees, agents or subcontractors;
- (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).
- 8.2 Subject to clause 8.1:
- (a) Quintessentially shall not be liable to the Member, 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 arising under or in connection with their Membership; and
- (b) Quintessentially's total liability to the Member in respect of all other losses
arising under or in connection with their Membership, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, shall be limited to the total value of the
Member's annual Membership Fee.
- 8.3 Your contract for the supply of products or services 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.
- 8.4 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.
- 8.5 Quintessentially shall have no liability to you for any loss, damage, costs,
expenses or other claims for compensation arising from Requests or any instructions supplied by
you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival,
or any Member Default.
- 8.6 Quintessentially shall not be liable to you or be deemed to be in breach of
these Conditions by reason of any delay in performing, or any failure to perform, any of
Quintessentially's obligations in relation to the Services, if the delay or failure was due to any
cause beyond Quintessentially's reasonable control.
- 8.7 Except as expressly set out in these Conditions, all warranties, conditions and
other terms implied by statute or common law are, to the fullest extent permitted by law,
excluded from these Conditions.
- 8.8 This clause 8 shall survive termination of these Conditions.
9. COMMENCEMENT AND TERMINATION
- 9.1 These Conditions shall take effect and be binding upon the Member and
Quintessentially (UK) Limited upon acceptance by Quintessentially of your Membership
application. These Conditions shall be applicable for the duration of your Membership and shall
only cease to have effect upon the expiry or termination of your Membership. You agree that
your only rights and remedies under these Conditions shall be against Quintessentially (UK)
Limited and no other entity.
10. GENERAL
- 10.1 Privacy and Data Protection
- The Services and your Membership are subject to the Quintessentially privacy
policy, incorporated into these Conditions by reference and set out at the following web
address: Privacy Policy which applies at all times in relation to any data that we collect from
you.
- 10.2 Assignment and subcontracting:
- (a) Quintessentially may at any time assign, transfer, charge, subcontract or deal
in any other manner with all or any of its rights under these Conditions and may subcontract or
delegate in any manner any or all of its obligations under these Conditions to any third party or
agent.
- (b) The Member shall not, without the prior written consent of Quintessentially,
assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or
obligations under these Conditions.
- 10.3 Waiver:
- (a) A waiver of any right under these Conditions 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 these Conditions 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 these Conditions
are cumulative and do not exclude rights provided by law.
- 10.4 Severance:
- (a) If a court or any other competent authority finds that any provision of these
Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or partprovision shall, to the extent required, be deemed deleted, and the validity and enforceability of
the other provisions of these Conditions shall not be affected.
- (b) If any invalid, unenforceable or illegal provision of these Conditions 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.
- 10.5 Variation: Quintessentially may vary these Conditions 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 phone. Your continued use
of your Membership constitutes acceptance of such variations to these Conditions.
- 10.6 No partnership: Nothing in these Conditions 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.
- 10.7 Third parties: A person who is not a party to these Conditions shall not have
any rights under or in connection with it.
- 10.8 Governing law and jurisdiction: These Conditions, and any dispute or claim
arising out of or in connection with it or its subject matter or formation (including noncontractual disputes or claims), shall be governed by, and construed in accordance with, English
law, and the parties irrevocably submit to mandatory and binding arbitration in Los Angeles,
California following the JAMS rules of international arbitration. Parties bear their own costs for
arbitration, and the party bringing a claim will cover the administrative costs and fees due to the
arbiter.