1.0 Terms & Conditions – Our Contract with You
These Terms & Conditions together with our Privacy Policy and Returns Policy tell you information about us and constitute the legal terms & conditions (‘Terms’) on which we sell any of the goods (‘Goods’) listed on our website (and all associated pages) (‘Site’) to you.
Our website address: https://exquisite-luxury.com is built on the WordPress platform with WooCommerce technology. We, KUMARIAN LTD., a limited company registered in England and Wales, own all rights to and operate this website. Our Company Registration Number is 9874530 and our UK VAT Registration Number is 250505636. Our Registered Address is: FOUNTAIN COURT, 2 VICTORIA SQUARE, VICTORIA STREET, ST ALBANS, HERTFORDSHIRE, AL1 3TF. Kindly read through our Privacy Policy and do not hesitate to contact us if you have any questions or queries. Any references to “we”, “us”, “Exquisite-Luxury”, ” Exquisite-Luxury.com” or similar terms are a reference to this entity.
By making a purchase with us, you are agreeing to the Terms & Conditions and it is your own responsibility to ensure that you are fully aware of these.
2.0 Placing an Order
2.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each stage of the order process.
2.2 After you place an order you will receive a number of emails from us including, but not limited to, the following:
2.2.1 An email acknowledging receipt of your order (“Order Confirmation”);
2.2.2 An email containing the tracking number so that you can track delivery of the Goods online.
2.3 Upon submitting your order and receiving an Order Confirmation from us, this does not mean that we have accepted your order. This only means that we have successfully received your order into our system. Following the Order Confirmation, we will undertake validity and verification checks. Subject to receiving clear results from such checks, a contract will come into existence between you and us.
2.4 We shall assign an order number to your order and inform you of this in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to your order.
Non-Processing of the Order
2.5 We may send you an email to say that we do not accept your order. This is typically for the following reasons:
2.5.1 The Goods are not available.
2.5.2 We cannot obtain authorisation of your payment;
2.5.3 We are unable to meet your requested delivery date;
2.5.4 It fails the security checks; or
2.5.5 There has been an error by us in the pricing or description of the goods.
2.6 If we are unable to supply you with the Goods, for example because the Goods are not in stock or are no longer available, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount as soon as possible.
2.7 The images of the Goods on our website are for illustrative purposes only. Although we have made every effort to display the products accurately, we cannot guarantee that your device’s display will accurately reflect the Goods. The Goods delivered to you may vary slightly from those images.
3.0 Price
3.1 The price of the Goods will be as shown on our website at the time we confirm your order. Prices are quoted in GB Pounds Sterling and include VAT at the current valid UK rate. For destinations outside of the UK, no VAT is due but the price you pay remains the same.
3.2 The price of the Goods does not include delivery charges; these will be notified to you during the checkout process and before you confirm your order.
3.3 Any promotional prices or deals are subject to availability and we reserve the right to withdraw them at any time.
Incorrect Pricing
3.4 We take reasonable care to ensure that we enter prices of Goods into our system correctly. However, it is always possible that, despite our reasonable efforts, some of the Goods on our Site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
3.4.1 where the Goods’ correct price is less than the price stated on our Site, we will charge the lower amount when dispatching the Goods to you; and
3.4.2 if the Goods’ correct price is higher than the price stated on our Site, we will contact you as soon as possible to inform you of this error. We will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price.
Price Variances
3.5 Generally, we release new prices on a schedule and prices change at midnight only, however, we may also update prices during working hours. Subject to conditions 1.5.5 and 2.4, price changes will not affect orders once a contract is in place in accordance with condition 1.3.
3.6 All manufacturers generally have price increases throughout the year, due to increases in manufacturing costs and inflation. We try to absorb as much of these costs as possible ourselves, however these price increases are unavoidable. We always aim to notify customers of pending price increases on the product details page.
3.7 We do not have control over prices listed on external sites, including Google cached listings, shopping feeds or any other site. We are not obliged to provide products for any price which is listed on any external site. We do not have control of the rate at which search engines crawl our site, and therefore the information in the search results may not be indicative of up-to-date prices.
4.0 Discount Codes
4.1 For the using of any Discount Codes received, please note the following instructions:
4.1.1 Enter the code on applicable products at checkout.
4.1.2 You can apply a discount code/voucher in the cart screen.
4.1.3 You can only use one discount code/voucher at a time per order.
4.1.4 All discount codes are the same, so basket emails and codes sent to customer act as one code.
4.1.5 If the site rejects your discount code, then it is invalid.
4.1.6 From time to time, external sites may advertise discount codes/vouchers for this website – We cannot guarantee the authenticity or validity of discount vouchers on external sites.
4.2 This offer is not redeemable against all Smart watches or selected products. Please see list below for excluded brands:
4.2.1 Selected products from the following brands: CONTINENTAL, COVER, CRAZY SECONDS, EVERSWISS, MEERA’S, NOWLEY, OXYGEN and SWISS MILITARY;
4.2.2 All products from the following brands: EMILE CHOURIET and EPOS.
5.0 Payment
5.1 We accept most common forms of electronic payment, including but not limited to, VISA, MasterCard, American Express and Maestro.
5.2 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. We may also need to use extra security steps through, but not limited to, Verified by Visa, Mastercard®SecureCode or American Express SafeKey.
5.3 We reserve the right to reject a payment or order that we feel is at risk or could be fraudulent. In this instance we will refund your payment to the same payment method. We will contact you by email and offer the opportunity to pay by another means or to cancel your order.
6.0 Delivery of Goods
6.1 Delivery timescales and delivery charges will vary depending on your delivery address and the availability of the Goods. Delivery charges will be notified to you when you place your order.
6.2 Next day delivery is only available on orders for delivery within the UK mainland that are confirmed by 12 noon. We will usually ship these orders by Royal Mail Special Delivery. We reserve the right to utilise a suitable substitute courier or fast parcel delivery company. Please note that delivery to remote locations may take 2 working days. We will send you a tracking number once your order has been dispatched.
6.3 Delivery to customers outside of the UK mainland may have to pay custom duties and/or import taxes in their country of residence/country of delivery of the Goods.
7.0 Your Rights to Cancel
7.1 You have a right to cancel an order. This means that if you change your mind or for any other reason you decide you do not want to keep the Goods you can notify us of your decision to cancel the order and receive a refund.
7.2 Your right to cancel starts from the date of the Order Confirmation (when the contract between us is formed) and ends 14 calendar days after you receive delivery of the goods. Please see the UK Government regulations for more information on Accepting returns and giving refunds: the law.
7.3 If the Goods have been delivered to you before you decide to cancel your order then you must return the Goods to us without undue delay in accordance with our Returns Policy. Please note, some products such as pierced jewellery and sealed products are not returnable. Please see our Returns Policy for more information.
7.4 If you cancel your order in accordance with our Returns Policy, we will refund to you within 14 days from the date we receive the Goods back from you, the following:
7.4.1 The price of the Goods paid by you; and
7.4.2 Any Standard Delivery Charge paid by you.
7.5 The cost to return the Goods to us is your responsibility. We recommend that you use a trackable method of postage, for example Royal Mail Special Delivery, and retain proof of postage.
8.0 Our Right to Cancel
8.1 We may cancel an order at any time prior to delivery for any reason. This includes for an Event Outside Our Control as defined within condition 12, or the unavailability of stock. We will promptly contact you if this happens.
8.2 If we have to cancel an order in accordance with condition 6.1 after you have paid for the Goods, we will refund the payment to you.
9.0 Faulty Goods
9.1 If the Goods are faulty, you must return the Goods in accordance with condition 5.3. Subject to the terms of the manufacturer’s warranty, you may be entitled to a replacement of the Goods or a refund in accordance with condition 5.4.
9.2 You have legal rights in relation to Goods that are faulty or not as described. These legal rights are not affected by your right of return or refund in this condition 7 or anything else in these Terms.
10.0 Privacy
10.1 Exquisite-Luxury only store information required to make a purchase and process your order. We do NOT store your credit card information. We process your payment information across a secure server with the chosen payment provider. Exquisite-Luxury do not sell or lease any of your personal information.
10.2 We will only use your personal information in accordance with our Privacy Policy. Please take the time to read this policy, as it includes important terms which apply to you.
11.0 Security
11.1 We log your IP address when you place an order. This is strictly for reasons of fraud protection. Our Fraud Prevention department scans all orders before shipping the goods. If you specify a different shipping address to the billing address then your order may take longer as we have to perform the necessary checks. We reserve the right to disclose fraudulent or suspicious orders to the appropriate authorities on their legal request.
12.0 Our Right to Vary These Terms
12.1 We amend these Terms & Conditions from time to time. We record the last updated date at the bottom of this page.
12.2 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between you and us.
13.0 Our Liability
13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach, or if it was contemplated by you and us at the time we entered into the contract.
13.2 We only supply the Goods for domestic and private use. You agree not to use the Goods for any commercial, business or re-sale purpose, and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3 We do not exclude or limit in any way our liability for:
13.3.1 Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
13.3.2 Fraud or fraudulent misrepresentation; or
13.3.3 Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.0 Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control.
14.2 An Event Outside Our Control means any act or event beyond our reasonable control. This is including but without limitation to the following. Change of law, strikes, lock-outs or other industrial action, epidemic, civil commotion or riot.
14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
14.3.1 We will contact you as soon as reasonably possible to notify you; and
14.3.2 Our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
14.4 You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Goods.
15.0 Other Important Terms & Conditions
15.1 You assume the title of the goods upon receipt of the goods. In addition, you assume risk of loss or damage of the goods upon receipt of the goods.
15.2 We may transfer our rights and obligations under these Terms to another organisation. However, this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this Site if this happens.
15.3 You may only transfer your rights or obligations under these Terms to another person if we agree in writing.
15.4 This Contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.5 Each of the conditions of these Terms & Conditions operates separately. If any court or relevant authority decides that any clause is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
15.6 If we fail to insist that you perform any of your obligations under these Terms. If we do not enforce our rights against you, or if we delay in doing so. This does not mean that we waive our rights against you and that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing. This will not mean that we will automatically waive any later default by you.
Governing Law
15.7 English law governs these Terms & Conditions. English courts will have exclusive jurisdiction in relation to these Terms & Conditions with regard to any claim or dispute. This includes non-contractual claims or disputes which arise in relation to these Terms or any contract.
15.8 These Terms & Conditions, together with our current prices and delivery details set out the whole of our agreement. This is in relation to the supply of the Goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms & Conditions. Nor as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
16.0 Our Information
16.1 If you have any questions or if you have a complaint, please contact us by emailing us at info@exquisite-luxury.com.
TERMS & CONDITIONS LAST UPDATED 14TH SEPTEMBER 2024
