Website Terms & Conditions
These terms and conditions regulate the business relationship between you and us. By using Our Web Site in any way, using our recommended service providers, buying from a third party web site or by buying from us, you agree to be bound by them.
||Our members or customers
|Our address is:
||24 Drayton Gardens, London, SW109SA, UK
The Terms and Conditions
1. WHO WE ARE
ALMOST ESSENTIAL IS A MEMBERSHIP WEBSITE THAT RECOMMENDS LONDON’S BEST SERVICES ACROSS 5 CATEGORIES:
- FOOD AND WINE
- HEALTH AND BEAUTY
ALL THE SERVICES ARE TESTED BY US BEFORE GOING ON THE SITE.
ALMOST ESSENTIAL ALSO RECOMMENDS SOME GOODS THAT ARE NOT READILY AVAILABLE ON THE HIGH STREET.
SOME OF THESE GOODS ARE SOLD THROUGH THIRD PARTY WEBSITES; SOME ARE SOLD DIRECTLY THROUGH US.
In this agreement:
“Service providers” means any person recommended by us to provide a service for you
“Our Web Site” means the entire computing hardware and software installation that is or supports Our Web Site.
“Third party goods” ” means goods we recommend but are sold through a link onto third party websites “Almost Essential goods ” means goods that we sell directly.
3. OUR CONTRACT WITH YOU
- 3.1 These terms and conditions apply:
- 3.1.1. so far as the context allows, to you as a visitor/member of Our Web Site; and
- 3.1.2. in any event to you as a buyer or prospective buyer of any of our recommended Goods or user of our recommended service providers
- 3.2 Goods or service providers advertised may not always be available.
- 3.3 When buying Almost Essential goods we shall accept your order by e-mail confirmation. Our message will also confirm details of your purchase.
- 3.4 When buying goods from third party websites you enter a relationship with these web sites and we therefore disclaim all liability and responsibility arising from buying goods from them.
- 3.5 When starting contacting a recommended service provider you enter in a relationship with that service provider and we disclaim all liability and responsibility arising from that relationship.
- 3.6 We may change these terms from time to time. The terms that apply to you are those posted here on Our Web Site on the day you order Goods.
- 3.7 If we do not have the Goods you order in stock, we will offer you alternatives before we despatch your order. If this happens you may:
- 3.7.1. accept the alternatives we offer;
- 3.7.2. cancel your order;
- 3.7.3. leave the order valid until the item is back in stock.
- 3.8 If we owe you money (for this or any other reason), we will credit your credit or debit card as soon as reasonably practicable but in any event no later than 30 days from the date of your order.
4. ACCESSING OUR WEB SITE AND BECOMING A MEMBER
We charge a yearly membership fee of £40 which is refundable via the claim form at the bottom of the page, when the member has spent £400 with our recommended service suppliers. Refund will take place at the end of members subscription year.
- 4.1 Almost Essential’s recommended services are for the benefit of the members only and are not to be passed on to non members. However, Almost Essential welcome your friends and family as new members. We highly recommend you mention Almost Essential when booking your service providers as we will always endeavour to negotiate priority bookings and try to get an Almost Essential discount.
- 4.2 The service providers recommended on Our Web Site have all been tested by us however it is your decision and responsibility to enter a relationship with any of them and as such we disclaim all liability and responsibility arising from entering a relationship with them. Further they might not be available at the time you need them, again we waive any responsibility associated with lack of availability.
- 4.3 We aim to update Our Web Site regularly, and may change the content at any time. If the need arises, we may suspend access to Our Web Site, or close it indefinitely. Any of the material on Our Web Site may be out of date at any given time, and we are under no obligation to update such material.
- 4.4 We will not be liable for any loss or damage caused by a distributed denial-of- service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Our Web Site or to your downloading of any material posted on it, or on any website linked to it.
5. PRICE AND PAYMENT
- 5.1 For the Almost Essential goods You must pay us the full price of your order before we will send any part of it. Ownership of Goods will pass to you on delivery but only if we have received payment in full.
- 5.2 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
- 5.3 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
- 5.4 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
- 5.5 Prices include VAT. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
- 5.6 Prices and delivery charges are liable to change at any time but changes will not affect orders in respect of which we have already sent you a despatch confirmation.
- 5.7 Our Web Site contains a number of Third parties Goods and, despite our best efforts, some of the Goods listed on Our Web Site may be incorrectly priced. It is your responsibility to check the price on the third party web site before ordering it.
6. INFORMATION YOU GIVE US
- 6.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself.
- 6.2 We will use our reasonable endeavours to respond to any point of dissatisfaction by you, provided you contact us within three months of purchase or entering an agreement.
- 7.1 Any delivery dates given are estimates only and are not binding on us. Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery. We may make an extra charge if there is no one present to accept delivery and Goods have to be re-delivered.
- 7.2 If we are not able to deliver your Goods within 30 days of the date of your order, we shall notify you by e-mail to arrange another date for delivery.
8. IMPORT RESTRICTION, TAXES AND DELIVERY DUTIES
- 8.1 WE DON’T PROVIDE INTERNATIONAL DELIVERY AT THE MOMENT,BUT WE CAN SUGGEST A CARRIER WITHOUT INCURRING ANY RESPONSIBILITY FOR DELIVERY OF THE GOODS TO THE CHOSEN INTERNATIONAL DESTINATION
- 8.2 If you order Almost Essential Goods from Our Web Site for delivery outside the UK, they may be subject to import duties and taxes. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
9. ALMOST ESSENTIAL’S GOODS RETURNED
Because you are buying the Goods by internet order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply (but please note we cannot accept the return of Goods in certain circumstances, for example, Goods which have been personalised or which deteriorate or expire rapidly or for hygiene reasons, or goods which are manufactured on order like the plexi trays, placemats, napkin rings and tic tac toe.
. 9.1 You must tell us in writing if you wish to cancel within 7 working days beginning the day after your receipt of the Goods. You can email us at firstname.lastname@example.org. This doesn’t apply to goods which are manufactured on order like the plexi trays, placemats and napkin rings and tic tac toe
- 9.2 In any event, you may not cancel orders for specially commissioned or personalised goods;
- 9.3 The Goods must be returned to us within 21 days of your telling us you wish to cancel:
- 9.3.1. with goods in their original condition and with packaging;
- 9.3.2. securely wrapped;
- 9.4 After we have received the Goods, we will credit your credit or debit card with the full purchase price of the Goods returned no later than 30 days from receipt of your notice of cancellation;
- 9.5 almost essential cannot refund postage and packaging charges, or any tax and duties payable.
- 10.1 We or our Content suppliers may make improvements or changes to Our Web Site, the Content, or to any of the Goods, at any time and without advance notice.
- 10.2 You are advised that Content may include technical inaccuracies or typographical errors.
- 10.3 We give no warranty and make no representation, express or implied, (save to the extent prohibited by law) as to:
- 10.3.1. the adequacy or appropriateness of the Goods for your purpose.
- 10.3.2. the correctness of any information given on Our Web Site or third party websites
- 10.3.3. any implied warranty or condition as to satisfactory quality, merchantability or fitness of the Goods and Services for a particular purpose;
- 10.3.4. compatibility of Our Web Site with your equipment software or telecommunications connection.
- 10.3.5. compliance with any law;
- 10.3.6. non-infringement of any right.
- 10.4 Our Web Site contains links to other Internet web sites. We have neither power nor control over any such web site. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked web site, nor for any loss or damage arising from your use of any such web site.
- 10.5 Subject to 9.6 below we are not liable in any circumstances for loss of profit or revenues, loss of use, loss of or corruption to data or special, indirect or consequential loss or any damages whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Web Site or the purchase of Goods.
- 10.6 Save to the extent permitted by law we do not exclude liability for death or personal injury or damage to personal property.
- 10.7 Subject to 9.6 above in any claim against us our liability is limited to the value of the Almost Essential Goods you have purchased in the contract which is the subject of the dispute.
- 10.8 Nothing in these terms affects your statutory rights as a consumer.
11. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
- 11.1 Title, ownership rights, and intellectual property rights in the Content whether provided by us or by any other Content provider shall remain the sole property of us and / or the other Content provider. We will strongly protect its rights in all countries.
- 11.2 You may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
- 11.3 You may download or copy the Content only for your own personal use, provided that you maintain all copyright and other notices contained in such Content. You may not store electronically any significant portion of any Content.
- 12.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- 12.2 You must not establish a link from any website that is not owned by you.
- 12.3 Our Web Site must not be framed on any other site, nor may you create a link to any part of Our Web Site other than the home page. We reserve the right to withdraw linking permission without notice.
- 12.4 If you wish to make use of any of the material on Our Web Site other than that set out above, please address your request to email@example.com.
13. SYSTEM SECURITY
- 13.1 You agree that you will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of Our Web Site;
- 13.2 you agree that you will in no way modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of Our Web Site, or any software used on Our Web Site, and that you will not permit any other person to do so.
- 13.3 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
- 13.4 Examples of violations are:
- 13.4.1. accessing data unlawfully or without consent;
- 13.4.2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
- 13.4.3. attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”;
- 13.4.4 forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- 13.4.5. taking any action in order to obtain Goods to which you are not entitled.
- 13.5 You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of:
- 13.5.1. any violation of system security as set out above;
- 13.5.2. your use of Our Web Site;
- 13.5.3. any other breach or violation of this agreement by you;
- 13.5.4. the infringement by you, or by any other user of your computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
14. WRITTEN COMMUNICATIONS
- 14.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using Our Web Site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on Our Web Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- 14.2 All notices given by you to us must be given to Almost Essential at firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways specified in clause 13.1 above. Notice will be deemed received and properly served immediately when posted on Our Web Site, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
15. CONTRACTUAL LIMITATION
Where we provide Goods without specific charge, then they are deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such Goods.
16. RIGHTS OF THIRD PARTIES
Nothing in this agreement or on Our Web Site shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
18. NO WAIVER
No delay or failure by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. No waiver shall be effective unless in writing.
19. DISPUTE RESOLUTION
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing litigation.
20. FORCE MAJEURE
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including without limitation flood, fire, riot, war, terrorism, disruption to communications, supplies or transport.
21. ENTIRE AGREEMENT
- 21.1 These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract between us.
- 21.2 We each acknowledge that entering into a contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- 21.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- 21.4 Nothing in these terms limits or excludes any liability for fraud.
22.GOVERNING LAW AND JURISDICTION
- 22.1 These terms of sale and the supply of the Goods will be subject to English law and the English courts will have non-exclusive jurisdiction in respect of any dispute arising.