Elegance Star Ltd Terms and Conditions

1. Interpretation

1.1 In this document the following words shall have the following meanings:

  • (A) "Consumer" shall have the meaning ascribed in Regulation 3(1) of the Unfair Terms in Consumer Contracts Regulations 1999;
  • (B) "Customer" means any Member who purchases Services and/or Goods from a Supplier through the Elegance membership;
  • (C) "Elegance" means Elegance Star Ltd, Worting House Church Lane, Basingstoke, Hampshire, RG23 8PX;
  • (D) "Elegance Membership Fee" means the fee payable annually or monthly by direct debit or payment by credit or debit card to be a Member;
  • (E) "Goods" means the goods supplied by a Supplier. Goods supplied by a Supplier will be governed by the terms and conditions of said Supplier;
  • (F) "Member" means those whom have been accepted as a member of the Elegance concierge service and are subject to these Terms;
  • (G) "Services" means the services provided by a Supplier. Services supplied by a Supplier will be governed by the terms and conditions of said Supplier;
  • (H) "Supplier" means a provider of the Goods and/or Services supplied to the Customer, who Elegance will have contracted with as agent on behalf of the Customer; and
  • (I) "Terms" means the terms and conditions of set out in this document

2. General

  • 2.1 These Terms shall apply to the relationship between the Customer and Elegance for the provision of Goods and/or Services from the Suppliers to the Customer and shall prevail any past communication between the Customer and Elegance.
  • 2.2 Any variation to these Terms shall be inapplicable unless agreed in writing by Elegance.
  • 2.3 Nothing in these Terms shall affect the Customer's statutory right as a Consumer.
  • 2.4 Nothing in these Terms shall prejudice any condition or warranty, express or implied or any legal remedy to which Elegance may be entitled in relation to the membership services, by virtue of any statute, law or regulation.
  • 2.5 Elegance may from time to time offer special Elegance products or services through the site and the Elegance weekly newsletter. These products will be clearly specified as being supplied directly by Elegance.

3. Supplier

  • 3.1 The Suppliers will be aware that any price quotations and negotiations for Goods and/or Services will be undertaken on behalf of the Customer by Elegance.
  • 3.2 Suppliers are responsible for providing the Customer with the Services and/or Goods. Elegance will communicate with Suppliers on the Customers behalf unless it is more appropriate for the Customer to contact the Supplier directly.
  • 3.3 Any contract for the purchase of Goods and/or Services is entered into by the Customer with the relevant Supplier only. Elegance acts as an agent for the Customer and, unless it is stated expressly by Elegance otherwise, all the Customers rights and remedies are against the Supplier.
  • 3.4 Elegance will not be responsible for Goods and/or Services procured by Elegance as agents for the Customer or for any aspect of the relationship between the Customer and any Supplier.
  • 3.5 The Customer agrees that any contract entered into by it with any Supplier is an independent contract. Elegance hereby disclaims any and all liability for any act or omission of any Supplier or any loss incurred by the Customer as a result of any act or omission of a Supplier arranged through Elegance.
  • 3.6 All descriptions of Goods and Services have been approved by the relevant Supplier. Elegance is not responsible for inaccurate or misleading descriptions. Goods and/or Services may differ from the images shown although Elegance has used reasonable endeavours to ensure that all descriptions are as accurate as possible.

4. Elegance Membership Fees and Payment

  • 4.1 Membership fees and joining fees are communicated upon application. Elegance reserves the right to increase or decrease membership fees from time to time. Elegance will attempt to notify the Member of any change in membership fees via telephone and email following any such change.
  • 4.2 Membership fees are due on acceptance of the Member's membership application and annually thereafter ("Renewal Date"). Joining fees are due on acceptance of the Member's application by Elegance.
  • 4.3 Membership is valid for twelve consecutive months. No refunds or extensions will be given if the Member is unable to use their membership at any stage during this time. The membership fee will only be refunded at Elegance's sole discretion taking into account the circumstances of any request for a refund.
  • 4.4 Payment of the Elegance Membership Fee shall be payable in one annual payment or monthly via direct debit or by credit or debit card.
  • 4.5 Elegance shall notify the Member of the direct debit date or date for payment by credit or debit card.
  • 4.6 Failure to make payment by the required date or failure of the direct debit payment may result in the termination of your membership forthwith and the membership services provided by Elegance. Any such termination of membership due to failure to make payment of the Elegance Membership Fee shall be at the discretion of Elegance.

5. Renewal and Upgrade of Elegance Membership

  • 5.1 If the Member does not notify Elegance in writing at least 28 days prior to their Renewal Date that they do not wish to renew their annual membership, Elegance will deduct the Members membership fees automatically. The Member authorises Elegance to deduct membership fees by direct debit or any credit or debit card up to 28 days prior to or on the Member's Renewal Date. If Elegance does not hold payment details the Member will be contacted directly in order to renew their membership.
  • 5.2 If, during the course of the Members membership, they wish to upgrade their membership or Elegance requires the Member to upgrade their membership based on their usage of the Services, the difference in price between the two categories of membership will be payable. Any such increase in membership fees due to an upgrade in membership shall take effect from the next Renewal Date for Members.

6. Termination of Elegance Membership

  • 6.1 Elegance reserves the right to terminate or suspend the membership forthwith of any Member at its sole discretion.

7. Effects of Termination

  • 7.1 On termination of Elegance membership the Member is required to complete the following:
  • (a) Make payment in full immediately of any and all sums outstanding and due at the point of termination; and
  • (b) Return any and all membership cards provided to the Member by Elegance.

8. Membership Requirements and Information

  • 8.1 Elegance is a club for Members whose purpose is to assist in saving each Member time and making life that much easier. Members' behaviour is expected to be professional as in all private Members Clubs.
  • 8.2 Members are subject to verification by Elegance. Elegance will notify the Member in the event that the membership application has been accepted.
  • 8.3 Members are under an obligation to provide correct application details when they apply for Elegance membership and their failure to do so may invalidate their membership and any subsequent transaction.
  • 8.4 A Members responsibility to provide accurate membership information is a continuing obligation and the Member must notify Elegance in the event that any information provided during the membership application changes.
  • 8.5 The membership is personal to the Member. Membership cards and any associated Member benefits are non-transferable and can only be used by the named Member(s). The Member is responsible for ensuring that no one (other than the Members personal assistant, where authorisation has been provided to Elegance by the Member) uses the Members membership.
  • 8.6 Access to and use of the Members' section of the Elegance website is through a combination of user name and password and is reserved exclusively for Members. The Member is solely responsible for maintaining the confidentiality of their user name and password.
  • 8.7 Elegance will issue the Member's Elegance membership card membership wallet and membership documentation ("Elegance Membership Pack") following collection of the Member's membership fee.

9. Membership Benefits

  • 9.1 Membership benefits set out on the Elegance website are subject to availability and may change from time to time without notice.
  • 9.2 Members of Elegance are entitled to the membership benefits set out on the Elegance website from time to time. The descriptions of all benefits displayed have been approved by the relevant benefit Supplier.

10. Purchase and Payment of Goods and/or Services

  • 10.1 When ordering Goods and/or Services on behalf of a Customer from a Supplier, Elegance may be required to provide the Customers payment card details to the Supplier. If the Customer authorises Elegance to use its payment card details in order to pay a Supplier for Goods and/or Services, the Customer acknowledges and agrees that Elegance shall have no liability in respect of any fraudulent misuse of the Customer's payment card details provided to the Supplier.
  • 10.2 Where Elegance is required to pay for the Goods or Services on the Customers behalf using Elegance's payment details, Elegance will subsequently invoice the Customer for the total sum paid by Elegance plus any further charges reasonably incurred in purchasing the Goods and/or Services.
  • 10.3 If the Customer does not make any payment due (for the avoidance of doubt this includes payment of the Elegance membership fee) to Elegance by the due date for payment, Elegance may charge interest to the Customer on the overdue amount at the rate of 4% a year above the base lending rate of Lloyds Bank PLC from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. The Customer must pay Elegance interest together with any overdue amount.

11. Orders

  • 11.1 The Customer may instruct Elegance to contact Suppliers for Goods and/or Services by either emailing or telephoning Elegance with its request.
  • 11.2 Following the Customers instruction, Elegance shall contact the Supplier in order to procure the Goods and/or Services from the Supplier on the Customer's behalf. Before confirming the purchase of the Goods and/or Services from the Supplier on the Customers behalf, Elegance shall contact the Customer by either telephone or email to confirm the Customer wishes to proceed with said instruction.
  • 11.3 Following confirmation with the Supplier that the Customer wishes to proceed this will constitute the "Order".

12. Customer Cancellation Rights

  • 12.1 Before Elegance notifies the Supplier of the Customers request for Goods and/or Services, the Customer may cancel the request in full by contacting Elegance.
  • 12.2 The Customer shall not be entitled to cancel through Elegance any Order for Goods and/or Services where, on the Customers instructions, the Order has been confirmed with the Supplier. Any rights of cancellation where the Order has been confirmed with the Supplier shall be at the discretion of the Supplier.

13. Elegance Cancellation Rights

  • 13.1 Elegance have sole discretion to cancel or refuse to process an Order for Goods and/or Services before the Order for Goods and/or Services is confirmed with the Supplier due to:
  • (a) force majeure; or
  • (b) moral or legal reasons.

Elegance will promptly contact the Customer if this situation arises.

  • 13.2 Elegance has sole discretion to cancel the Order for Goods and/or Services at any time with immediate effect by giving the Customer written notice if:
  • (a) the payment for the Goods and/or Services is not supplied on the due date. This does not affect Elegance's right to charge the Customer interest under clause 10.3.
  • (b) the Customer fails to make payment of its Elegance Membership Fee when this is due.
  • (c) the Customer breaches a term in contained herein these Terms in any other material way and they do not correct or remedy the situation within 7 days of Elegance giving notice of a breach in writing.

14. Customer Obligations

  • 14.1 To enable Elegance to perform its obligations the Customer undertakes:
  • (a) that all details provided to Elegance for the purpose of procuring Goods and/or Services from a Supplier or directly with Elegance are correct. Elegance shall have no liability for mistakes made by the Customer during the ordering process.
  • (b) that the payment card details used for the payment of Goods and/or Services and the Elegance Membership Fee are used with the account holders authority and that there are sufficient funds to cover the cost of the Goods and/or Services and the Elegance Membership Fee.
  • (c) That the Customer shall obtain all necessary permissions, licences and consents which may be required before the commencement of the Services and/or delivery of the Goods, the cost of which shall be the sole responsibility of the Customer.
  • (d) To comply with any and all instructions of Elegance and any Supplier as may be set out in these Terms and the terms and conditions of the Supplier.

15. Elegance Obligations

  • 15.1 Elegance warrants to the Customer that it shall use its reasonable endeavours to procure the Goods and/or Services with reasonable care and skill and, as far as reasonably possible, in accordance with the Customers requests and instructions from time to time.
  • 15.2 Where Elegance procures any Goods and/or Services supplied by a third party Supplier, Elegance is acting as the Customers agent in sourcing the Goods or Services. Elegance will use reasonable care in selecting the Supplier and ensuring the order is placed in accordance with the Customers wishes.
  • 15.3 For the avoidance of doubt, Elegance does not and will not provide any representations, warranties or recommendations in relation to the Customer deciding to enter into any contract with any third party Supplier for the supply of Services and/or Goods.

16. Limitation of Liability

  • 16.1 Save in respect of death and any personal injury caused by the negligence of Elegance or as expressly provided for in these Terms, Elegance shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from Elegance acting as the Customers agent here under and the resulting supply of Goods and/or Services to the Customer by any Supplier.
  • 16.1 Save in respect of death and any personal injury caused by the negligence of Elegance or as expressly provided for in these Terms, Elegance shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from Elegance acting as the Customers agent here under and the resulting supply of Goods and/or Services to the Customer by any Supplier.
  • 16.3 Elegance shall not be liable to the Customer or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of Elegance's obligations in relation to the Services, and time shall not be of the essence.
  • 16.4 Except in respect of death and personal injury and subject to the provisions of these Terms, Elegance's maximum liability to the Customer for breach of any of its obligations hereunder shall be limited to the value of the annual membership fee.
  • 16.5 Any Services including travel tickets and package holidays purchased through Elegance will be subject to the terms and conditions of the travel or holiday operator and/or the Supplier. Please note that Elegance is not an authorised travel agent or tour operator and only acts as an introductory agent on behalf of the Supplier. All rights and remedies the Customer has are against the relevant Supplier.
  • 16.6 When the Customer uses the restaurant booking service it hereby authorises Elegance to debit its payment card/ debit account for any deposit required by the restaurant. Any deposit may be forfeited as a result of cancellation of the booking under the restaurant terms and conditions.
  • 16.7 If the requested Goods and/or Services are not available, the Suppliers may offer the Customer substitute Goods and/or Services of a similar description and standard. The Customer may refuse the offer of substitute Goods and/or Services . Any such aforementioned substitute Goods and/or Services shall be subject to the Supplier terms and conditions. Elegance accepts no responsibility or liability for Supplier refunds.
  • 16.8 Elegance accepts no liability for any losses or claims arising from any inability to access the Elegance website or any failure to complete a transaction due to an error with the Elegance website.

17. Tickets

  • 17.1 Where Elegance obtains tickets for events either directly or through one of its ticket agent Suppliers the price charged may be above face value. This includes charges reflecting the costs and efforts involved in obtaining the requested tickets.
  • 17.2 All sales are final and no refunds or cancellations may be issued after the Customer has purchased tickets.
  • 17.3 In the event of cancellation by the artist/promoter it may only be possible to refund the face value of the tickets. It will not be possible to refund any service charge.

18. How Elegance may Use The Customers Personal Information

  • 18.1 Elegance will use the personal information that the Customer provides to it to:
  • (a) provide the Goods and/or Services;
  • (b) process the Customers payment for such Goods and/or Services; and
  • (c) inform the Customer about products and services that Elegance and Suppliers provide, but the Customer may opt out of receiving these updates at any time by contacting Elegance.

General

19. Novation

  • 19.1 Elegance may transfer its rights and obligations under these Terms and Conditions to another organisation, and Elegance will always notify the Customer in writing if this happens.

20. Variation

  • 20.1 Elegance may vary these Terms and Conditions from time to time at its sole discretion. Elegance shall notify the Customer of any such variation.
  • 20.2 The Customers continued use of the membership constitutes acceptance of the altered Terms and Conditions.

21. Rights of Third Parties

  • 21.1 Nothing in these Terms and Conditions is designed to give any other person any rights or remedies under the Contracts (Rights of Third Parties) Act 1999.

22. Force Majeure

  • 22.1 Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

23. Severance

  • 23.1 If any court or competent authority finds that any provision of this agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of this agreement shall not be affected.
  • 23.2 If any invalid, unenforceable or illegal provision of this agreement 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.

24. Governing Law

  • These Terms and Conditions are governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts.