EXCLUSIVE VIP SERVICES Ltd (“EVS”) TERMS & CONDITIONS (“CONDITIONS”)
On receipt of an instruction to provide or source Services, Exclusive VIP Services Ltd (“EVS”) and you as a (“Client”), are bound by the following terms and conditions:
1. Definitions and Interpretation
1.1 Services: means the services described on the Website from time to time and concierge and lifestyle management services requested by Clients from EVS.
1.2 Client: means a customer or a person, including a public officer, corporation, association or other organisation or entity, either public or private, who consults EVS with an intention of obtaining Services.
1.3 Conditions: these terms and conditions are amended from time to time in accordance with clauses 8.
1.4 Payment Card: means the credit or debit card which you have authorised us to deduct payment from.
1.5 Website: means the website located at www.exclusivevipservices.co.uk
1.6 Request: means a request for Services placed by a Client with EVS either by telephone, email or Facebook message.
1.7 Supplier: means a supplier engaged by EVS on behalf of and as an agent for a Client to provide goods and/or services.
2. Supply of Services
2.1 You may request Services as described in 1.1, provided that EVS 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. If EVS is unable to deal with any request, we will inform you as soon as practically possible.
2.2 EVS shall use its reasonable endeavours 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 the Services.
2.3 You are obliged to provide correct details when you request the provision of Services and must notify EVS in the event that any information provided by you changes.
2.4 Suppliers are sometimes responsible for providing you with the services and products you request. EVS will communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
2.5 Suppliers may impose their own terms and conditions and you are required to comply with these. Please note that EVS is not an authorised travel agent or tour operator and only acts as an introductory agent on behalf of the Supplier.
2.6 When ordering a product or service, you may be required to provide your Payment Card details. If you request and authorise EVS to use your payment card in order to pay a Supplier for products or services, you acknowledge and agree that EVS shall have no liability in respect of or be responsible in any way whatsoever in respect of the use of your Payment Card provided that EVS acts in accordance with the instructions issued by you in relation thereto.
2.7 You acknowledge that EVS reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.
2.8 You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the Payment
Card you are using is your own and that there are sufficient funds to cover the cost of the product or the service.
2.9 Unless otherwise agreed by the Supplier, you shall not be entitled to cancel any services requested where, on your instructions, performance has already begun.
2.10 Restaurants and Clubs:
3. Handling Charges
The sourcing of services or products from Suppliers may incur EVS a handling charge of 10% plus any logistical costs with regards to travel and lodging. EVS will agree this with you in advance of sourcing these services and in such event you hereby authorise EVS to debit your Payment Card with any such handling charges or, alternatively, to invoice you from time to time for these additional services. Payment will be due 10 business days after receipt of each invoice.
4. Withdrawal from an Agreed Offer
If a formal offer has been made for the provision of Services and you then inform EVS that you wish to withdraw from the proposed Agreement you should be aware that it may not be possible to do so. If EVS or the third party supplier agrees to accommodate your request you should expect to meet the reasonable costs and expenses incurred by them or us, if so requested.
5. Returns and Refunds
5.1 All descriptions of any products and services on the Website have been approved by the relevant Supplier. EVS shall not be liable for inaccurate or misleading descriptions except where EVS is itself the Supplier of the relevant product or service.
5.2 Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.
5.3 If a Request for a specific product or service is not available, EVS 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 receive a full refund in the event that payment has already been taken by EVS for the unavailable product or service.
5.4 Clients acknowledge that the following goods may not be refunded or exchanged: (a) personalised and bespoke items made to a Client’s specification (b) perishable goods (for example food and flowers); and (c) beauty products, perfumes, toiletries and other similar products.
5.5 The Client further acknowledges that for goods purchased on his or her behalf by EVS 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 EVS is asked to source a specific item for a Client, EVS shall inform the Client of the refund and exchange policy of that Supplier in advance. EVS shall not be liable to the Client where a Supplier does not accept the return or exchange of an item.
5.6 All goods must be returned in their original condition and packaging with the initial invoice, to EVS. Any goods returned other than in their original condition and packaging will not be accepted and a refund or exchange will not be issued.
5.7 It is the Client’s sole responsibility to retain all proof of return, for example by returning the goods by registered delivery.
5.8 Refunds for the total value of an order shall be processed within fourteen (14) days of EVS receiving the goods and shall be issued to the same card that the Client used to purchase the goods.
5.9 In the event of an exchange of goods, EVS shall not charge any additional delivery fees where the goods are of a similar size and weight.
5.10 Where orders are delivered outside the EU, any applicable customs duties and sales taxes shall not be refundable through EVS. It shall be the Client’s sole responsibility to recover such monies. EVS shall have no liability for any items held by any customs or border agency.
5.11 In the case of London same-day delivery, if the Client is not at the specified Delivery address to receive their Order at the scheduled time, EVS reserves the right to charge the Client for each subsequent attempt to re-deliver the goods.
6. Liability and Indemnity
6.1 EVS warrants to you that we shall use reasonable endeavours to provide the Services with reasonable care and skill and, as far as reasonably possible, in accordance with your request and instructions.
6.2 Where EVS supplies you with any goods or services supplied by a third party, then EVS is acting as an independent introductory agent in sourcing the goods or services. EVS, unless legally authorised in writing, has no power to act for, represent or bind you in any manner. EVS will use reasonable care in selecting the supplier and ensuring the order is placed in accordance with your wishes. You are deemed to be responsible for, and shall use your own skill and judgement as to, the quality, value and suitability of any information and suggestions provided by the Supplier in relation to deciding whether to enter into any contract with the Supplier.
6.3 You acknowledge that any contract entered into by you with any Supplier is an independent contract. EVS 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 EVS.
6.4 You shall at all times indemnify and hold harmless EVS from and against any and all claims, demands proceedings, damages, penalties, costs, losses, liabilities and expenses of any kind and whether in tort or contract,including injury to or death of any person or loss or damage to any property,
threatened, claimed or awarded against or otherwise incurred by EVS arising out of or in connection with the provision or non-provision of the Services to the extent that such losses, costs, damages and expenses are caused or contributed to by the negligent acts, wilful misconduct or omissions of yourself or for which you are otherwise legally liable.
6.5 EVS shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the Services or your reliance upon the information and suggestions provided by EVS and the resulting supply of goods and services to you by any third party. You expressly agree to indemnify and hold harmless EVS, its successors or assigns against all suits, actions, claims, demands, or damages that arise
from the any accidents, injuries or other forms of bodily harm, including death, sustained whilst aboard any and all charters, either taken by land, sea or air.
6.6 EVS shall not be liable to you or be deemed to be in breach of these Terms by reason of any delay in performing, or any failure to perform, any of EVS ‘s obligations in relation to the Services, if the delay or failure was due to any cause beyond EVS ‘s reasonable control.
6.7 Subject to the provisions of these Terms, EVS’s maximum liability to you for breach of any of its obligations hereunder shall be limited to the sum of £1,000 GBP and any invoices paid for additional Services.
If any part or parts of these Terms shall be held unenforceable for any reason, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
EVS may vary these Terms & 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: Newsletter, the Website, by Email or by phone.
9. Governing Law and Jurisdiction
These Terms & Conditions, and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms (including any non-contractual disputes or claims) shall be governed by and construed in accordance with the English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.