THE SYBARITE LONDON LTD – MEMBER TERMS & CONDITIONS – www.thesybarite.org
These Member Terms and Conditions incorporate and are in addition to all of the terms and conditions and policies on the website https://experienceluxury.co and always apply when you are a Member. You agree to these terms when you register to be a Member and each and every time you use the website or our services. Should you need any help please email us at [email protected]
(1) “Member” means the person and/or organisation who uses our website and our services and may be introduced to Suppliers by us.
(2) “Consumer” shall have the meaning ascribed in regulation 4 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;
(3) “Intellectual Property Rights” means any patent, trademark, service mark, registered design, copyright, design right, any contact or database rights, know-how, confidential information or process, any application for any of the above, and any other intellectual property rights recognised in any part of the world, whether or not presently existing or applied for, which are held by the owning party.
(4) “Membership Services” means the services we supply by introducing Members to respective Suppliers who will provide Supplier Services to you.
(5) “Membership Confirmation” means the email or other document which we send to you following your request to join/purchase membership services. Details of the levels of membership, fees and what is included are displayed on the website at https://experienceluxury.co/join-sybarite-membership-subscriptions/.
(6) “Supplier” means any person and/or organisation who we introduce to a Member and who agrees to provide their (supplier) services to that Member.
(7) “Supplier Services” means the services and/or products which are provided to the Member by a Supplier who is introduced to them by us.
(8) “Terms and Conditions“ means these Terms and Conditions which also incorporate all policies and other Terms and Conditions displayed on our website and will also include any special terms and conditions agreed in writing by us.
(9) “We”, “Us”, means the organisation who owns this website and supplies membership services, The Sybarite London Limited, a Company registered in England and Wales, company registration number 08966458 whose Registered Office is Unit 2, South Park Studios, 88 Peterborough Road, Fulham, London, SW6 3HH. E-mail address [email protected], Telephone 0203 371 8331. We are not registered for VAT.
(10) “Website” means the Website and all contents at https://experienceluxury.co.
(11) “Working days” means any day from Monday to Friday inclusive, from 9am to 5pm, but excludes all public holidays in England and Wales.
(1) By using us, the website, membership services and Supplier Services, you confirm that you are aged 18 or over and that you have read, understood and agree to be bound by these Terms and Conditions. Where you are using membership services and Supplier Services in any way on behalf of another person or on behalf of an organisation, you confirm that you have the legal right to do so.
(2) Where the use of the website, membership services and Supplier Services is on behalf of an organisation and other persons (for example employees), the organisation specifically confirms that it takes full responsibility for that use and that the organisation, as well as the individuals, will be deemed to be the users for the purposes of these Terms and Conditions and any subsequent action.
(3) These Terms and Conditions supersede any and all prior representations, understandings and agreements between you and us.
(4) We reserve the right to update or amend these Terms and Conditions at any time. Such amendments take effect as soon as they appear on the website and your continued use of the website following any changes shall be deemed to be your acceptance of such change. It is each user’s responsibility to read the Terms and Conditions each and every time before using the Website.
(5) We reserve the right to update or amend these Terms and Conditions at any time. Such amendments take effect as soon as they appear on the website and your continued use of the website following any changes shall be deemed to be your acceptance of such change. It is your responsibility to read the User Terms and Conditions each and every time before using the Website.
3 WHAT WE DO
(1) We provide membership services – we are a venue and facilitator bringing together Members and Suppliers who wish to purchase/supply services and/or products. Our role is to bring together Members and Suppliers to facilitate personalised experiences which members may then choose to purchase directly from the Supplier.
(2) Membership, and the purchase of membership services, enables you to join our community and gain access to product previews, riveting content, private events and the ability to purchase unlimited brand experiences from Suppliers. Please see clause 4 following for more about membership services.
(3) Members are not purchasing Supplier Services and/or products from us but from individual Suppliers (as displayed on the website and/or otherwise provided to you) and whose details are provided to Members. We are not party to any contract/agreement between any Member and Supplier. Please see clause 5 following for more about Supplier Services. If you need any clarification about this please email us at [email protected]
(4) Every Supplier who is providing Supplier Services is chosen by us. However, we are introducing a Member to a Supplier and do not recommend Supplier Services nor guarantee any products or results, cannot guarantee their availability and are not liable for any Supplier Services and/or products whatsoever. It is your responsibility to make any enquires, carry out any checks and take up any references as you may require before entering into an agreement with that Supplier.
4 MEMBERSHIP SERVICES – YOUR MEMBERSHIP
(1) Membership is available at different levels with each attracting a different level of service and membership fee. Details of the levels of membership, fees and what is included is displayed on the website at https://experienceluxury.co/join-sybarite-membership-subscriptions/.
(2) (a) Membership can be requested by registering on the website or by completing a membership request form
(b) At our sole discretion we reserve the right to refuse to supply membership services
(c) when you receive membership confirmation your membership has been approved by us and you may start using the membership services
(3) (a) membership fees are payable by you as shown on the Website and/or in the order confirmation.
(b) The membership fees do not attract any VAT, as shown on the Website and in the order confirmation. Any additional services to be supplied will be agreed in writing between us and will be subject to additional charges at our usual rates.
(b) Any deposits paid for membership fees are non-refundable
(2) (a) Unless otherwise stated on the Website, membership services are for an initial 12 month agreement and payment must be made using the methods detailed on the Website either
(i) in one lump sum payable on your registration/ request for membership or
(ii) monthly in advance – the first payment for our 12 month Services is due on your registration/ request for membership request for membership. Thereafter, payments are due each calendar month on the date corresponding to the date of your payable on your registration/ request for membership. So, for example, if you register and make your first payment on the 12th of June, your next payment will be on the 12th of each month thereafter.
(c) If you do not cancel or terminate your membership services then, after the initial 12 months we will continue to supply the service on a month to month basis until we receive your written cancellation. Please refer to cancellations at clause 7, particularly clause 7(3)
(3) Any one-off payments for membership services which are not part of your agreed membership level services are payable on order and no services will be supplied until we have received cleared payment in full.
(4) Where payment or any part payment is overdue (such as if there are problems with the payment method or payment does not clear or is not made on time), then we
(a) will immediately cease or suspend the provision of any membership services until we receive full cleared payment. No rights will pass to you until such time as we have received full cleared payment for all sums outstanding to us.
(b) reserve the right to charge interest at the rate of 12% per annum from the date that payment is due until we receive full cleared payment.
(c) may recover reasonable additional costs incurred in obtaining payment should this be necessary.
(5) By agreeing to use our membership services you specifically confirm and agree that we are a venue and facilitator bringing together Members and Suppliers who wish to purchase/supply services and/or products. You are not purchasing Supplier Services and/or products from us but from individual Suppliers. We are not party to any contract/agreement between any Member and Supplier and are not liable in any way for the supply of Supplier Services and/or products
(6)(a) We will supply membership services to the best of our ability, with reasonable skill and care, to a reasonable standard. We do not guarantee the availability of any particular Supplier Services and/or products.
(b) Time limits provided are estimates only. However, we can not be held responsible for any delays nor any failure to provide or any unavailability. Particularly, we will not be responsible for any delays or failure to provide services as a result of
(i) Force Majeure or any other cause or circumstances beyond our control
(ii) any failure on the part of any Supplier or other third party
(7) (a) We make no warranty against electronic virus, worms or any other fault or defect or problems which may occur or as a result thereof, of anything we send to you.
(b) If we have specifically agreed to supply any information, report or documentation, they will be in whatever format and contain the information that we, in our sole and absolute discretion, deem appropriate.
(8) Except as expressly stated in our terms and conditions or those statutory warranties which apply to consumers, all warranties whether express or implied, by operation of law or otherwise, are hereby excluded in relation to the membership services to be provided by us.
5 SUPPLIER SERVICES AND PRODUCTS
(1) Suppliers will make available their Supplier Services and/or products available to you, either as described on the website or as otherwise communicated with you. Information will include
(a) details of the Supplier and exactly what Supplier Services are to be provided and
(b) the date services and/or products are to be provided and
(c) the price to be paid by you, including whether any VAT is due and how and when it is payable and
(d) the terms and policies which relate to the experience and Supplier Services and/or products
(e) how you can place an order and purchase,
Each experience is unique and will have different terms and policies applicable to it so you must read those before you place an order. You must raise any queries before placing an order.
(2) If you wish to purchase any Supplier Services and/or products you should follow the procedure detailed on the website https://www.experienceluxury.co/about-the-sybarite/
(3) We assist members and suppliers and facilitate purchases and payment transactions for purchases but we are not a party to any agreement between a Member and a Supplier.
(4) After placing your order your supplier will provide Supplier Services and/or products as you have agreed with them.
(5) Suppliers understand that anything which they supply must comply with the law, their agreement/contract with you and the Supplier obligations (see clause 6 following).
(6) Unless the Supplier Services and/or products provide otherwise you will find that
(a) Any deposits paid are non-refundable
(b) products must be paid for when you place an order
(c) Where payment or any part payment is overdue (such as if there are problems with the payment method or payment does not clear or is not made on time), then unless their terms and conditions of business state otherwise, Suppliers reserve the right to
(i) immediately cease or suspend the provision of any Services and/or products until they receive full cleared payment.
(ii) charge interest at the rate of 8% per annum on the amount outstanding from the date that the invoice was due to be paid until they receive cleared payment of all outstanding amounts and may recover reasonable costs in obtaining payment.
6 MEMBER OBLIGATIONS
As a Member you confirm and agree that:
(1) You understand that we provide membership services by bringing together members and Suppliers and we do not supply Supplier Services. Therefore we have no liability in respect of any Supplier Services.
(2) You will enter into a formal agreement with your chosen Supplier. This means that you will be required to comply with the terms and conditions of that Supplier and that you will be liable to make the agreed payment for their services as and when it becomes payable. We always advise that you read and understand the information provided by any Supplier, including their terms and conditions and, where applicable, take advice.
(3) (a) Membership services are provided to you on the basis of the details and information you supply so it is important that you provide detailed and accurate information to us.
(b) You are happy for us to share your details and any information which you provide with Suppliers
7 SUPPLIER’S OBLIGATIONS
Suppliers confirm and agree that:
(1) They understand that we provide membership services, bringing together Members and Suppliers and we do not supply nor have any responsibility for Supplier Services. Suppliers will at all times clarify this to the Members and any other relevant parties. Therefore we have no liability in respect of any Supplier Services.
(2) They have read and understood our Supplier Terms and Conditions and agree to be bound by them
(3) Prior to starting to provide any Supplier Services, they will provide Members with full details of the Services to be provided and any relevant information, including, but not limited to any information which must be provided to consumers by law
(4) They will supply Services to the best of their ability, with reasonable skill and care, to a reasonable standard and in accordance with any relevant legislation, recognised standards and codes of practice and the description of such Services contained within the Proposal. Suppliers will deal with complaints in accordance with the law and in a reasonable and fair manner, adhering to any relevant complaints standards laid out in any body or organisation of which they are a member.
(5) They will hold current and valid insurance as required by laws applicable to the type of business services and/or products supplied
(6) They understand that we reserve the right to refuse to introduce/continue introducing any organisation and/or specific individual where we, at our sole discretion, believe that they
(a) do not meet the necessary levels of competence, skills and fitness
(b) are unable, refuse or otherwise fail to comply with the provision of requisite information or hold insurance as detailed in 7(3) and (5) above
(c) behave in such a way that we believe that they may cause a danger to themselves or others or may bring our organisation into disrepute
8 CANCELLATION AND TERMINATION
(1) The law, particularly the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 provides consumers (individuals buying wholly or mainly outside their trade, business, craft or profession) with certain rights including the right to cancel some orders made at distance. Consumers usually have 14 days from
(i) receipt of your order for products or
(ii) the date of the order for services
(2) Cancelling Membership Services
(i) Consumer rights – Since our membership services are available for your immediate use, to enable you to access these within the 14 day period for cancellation (see clause 2(b) above) you expressly request that the Services and/or products are to be available immediately on payment and so waive any cancellation rights including any available under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(ii) Otherwise you can terminate your use of our services by letting us know this in writing, using the address at 1(9) above giving us 30 days written notice. However, where membership services are for an initial 12 month agreement and you have not already paid for the 12 months’ membership fees, then you must pay the balance of your membership fees due within 28 days of the date of your notice of cancellation. No refunds of pre-paid fees will be made.
(3) Any agreement between us will automatically terminate if either party, as applicable, passes a resolution for winding up (other than for the purpose of solvent amalgamation or reconstruction) or a court of competent jurisdiction makes an Order to that effect; ceases to carry on its business or substantially the whole of its business; is declared insolvent; convenes a meeting of or makes or proposes to make any arrangement or composition with its creditors; a liquidator, receiver, administrative receiver, manager, trustee or similar officer is appointed over any of its assets.
(4) Cancelling Supplier Services
Consumer Cancellation Rights for Services
(a) (i) Where you expressly request that services are supplied immediately or within the 14 days period provided for cancellation, then you will waive any cancellation rights including any available under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(ii) Otherwise, where services are supplied immediately or within the 14 days period provided for cancellation you should let the relevant Supplier know this directly, in writing, within 14 days of the date that you order services, using the Supplier address provided on the order confirmation relating to your purchase.
(b) Please note that where you cancel an order for Supplier Services which have been supplied during the cancellation period, you agree to pay for those services which have been supplied to you until the date of cancellation.
(c) When you cancel an order for Supplier Services and any refund is due (e.g. no services have been supplied to you), the Supplier will refund you directly within 14 days of the date of your cancellation. Refunds are made using the same payment method that you used to pay.
(d) Consumer Cancellation Rights for Products
Consumers have a right to cancel orders for products made at a distance within 14 days from receipt of the order. You should contact the Supplier directly who will assist you.
(e) General Cancellation Rights for Supplier Services and Products
(i) Aside from the Consumer Cancellation rights, each Supplier will supply their own information about terminating an agreement with them. With some Suppliers you may have a minimum agreement period, so please check your Proposal carefully.
(ii) Where the Supplier does not provide this information they have agreed that you will have to give them 14 days written notice to terminate an agreement with them.
(iii) You will be responsible for payment of any Supplier Services provided until the date of termination.
(f) Complaints – faulty goods or poor services
If the Supplier Services do not comply with what the Supplier has agreed to supply then you should let the relevant Supplier know this in writing, using the address provided on the Proposal, within 14 days of the date that any problem occurs.
9 HELP, QUERIES, COMPLAINTS AND NOTICES
(1) Queries and complaints about us, our membership services or the Website must be addressed in writing to us, using our address at Clause 1(9) above. We aim to respond within 7 working days of receipt. If any cause of complaint may amount to a breach of any of these Terms and Conditions, then you must allow us 30 days to remedy that breach.
(2) In the event of a dispute between us, you agree to attempt to settle any dispute in good faith and, as we request, by mediation before any arbitration or litigation is commenced. We are not bound by any trade or professional approved code of practice, code of conduct or alternative dispute resolution in relation to complaints.
(3) Notices for us must be in writing either by
(a) email to us at [email protected] and for you, using the email address on the Proposal or the order confirmation, as applicable. Notices by email are deemed to have been received on the day on which they were sent following a valid successful delivery receipt being retained by the sender OR
(b) post to our address at Clause 1(9) above and for you, using the address on the Proposal or the order confirmation, as applicable, using a tracked service where the sender retains details of posting and a signature is obtained from or on behalf of the addressee. Notices by post will be deemed to have been received on the date that Royal Mail obtains a record of receipt from or on behalf of the addressee.
(4) Complaints about suppliers should be addressed to the relevant Supplier directly – see clause (8(4)(e).
Please also let us know if you are dissatisfied with a Supplier.
10 LIMITATION OF LIABILITY AND INDEMNITY
(1) In so far as the law provides we will never be liable for any indirect, incidental or consequential loss or damage, including any economic loss or loss of profit or business whatsoever suffered by you, any Supplier or any third party howsoever caused, including as a result of any negligence, breach of contract, misrepresentation or otherwise.
(2) Time is not of the essence and time limits provided are estimates only. We will incur no liability to you in respect of any failure to complete any membership services, or any part thereof, by any agreed date.
(3) Other than those implied by law where you are dealing as a consumer, in the event that we breach any of these Terms and Conditions, your remedies are limited to damages which will, in no circumstance whatsoever, exceed any fee paid for those Services.
(4) You specifically agree to completely indemnify us against all claims, liability, damages, losses, costs and expenses, including any legal fees, known and unknown, arising from or in any way connected with your breach of these Terms and Conditions or your use of the Website.
11 INFORMATION AND DATA PROTECTION
(1) Any services we provide to you will be reliant on information and details provided by you, so you are responsible for ensuring that any information you provide is accurate, correct and up-to-date.
(3) You specifically agree that your data can be shared with Suppliers in order that Supplier Services can be provided to you.
(1) Other than as specifically provided for, nothing in these Terms is intended to give any benefit to any third party (whether referred to herein by name, class, description or otherwise) or any right to enforce any agreement with us.
(2) You agree that nothing in these Terms and Conditions will be deemed to create any partnership, joint venture or agency relationship between us.
(3) We will not be liable for any delay or failure to perform any of our obligations if the delay or failure results from events or circumstances outside our reasonable control including, but not limited to, acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and we are entitled to a reasonable extension of our obligations.
(4) Nothing in these Terms and no express or implied waiver by us in enforcing any of our rights shall prejudice our rights to do so in the future.
(5) Each clause or any part at all of these Terms is to be regarded as independent of the others. This means that should any clause or any part at all of these Terms be found to be unenforceable or invalid, it will be severed and will not affect the enforceability or validity of the rest of these Terms or our Agreement.
(6) Governing Law and Jurisdiction – These Terms and Conditions shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.