Terms of Supply

Last updated: 2016-01-07

By placing an order for products on the website www.esensualliving.com, www.esensualliving.fr or any other website operated by us (together, the “Website”), you agree to be bound by all the terms and conditions set out below, as well as all policies referred to in this document (together, the “Terms”).

Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

We are Curated Lifestyle Holdings Limited (“Esensual Living”, “our”, “we” or “us”), a company registered in England and Wales with the registered address JAG SHAW BAKER, BERNERS HOUSE, 47-48 Berners Street, London, United Kingdom, W1T 3NF (company number: 09511550). Our registered VAT number is 217485496

 

Contract conclusion

Our acceptance of your order will take place when we send you an order confirmation email, at which point a contract will come into existence between you and us. The contractual language is English.

The contract will relate only to those specific products that are referred to in the order confirmation email. You should read and check the details in this email to ensure that they are correct. You can also find the details about your recent orders in your account.

If the details in our email confirmation to you are incorrect, please contact customer care immediately.

If we are unable to accept your order, we will inform you of this as soon as practicable and will not charge you for the product (or refund you if we have already done so). This might be because the product is out of stock, because of unexpected limits on our resources which we could not plan for or because we have identified an error in the price or description of the product.

 

Our Products

The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. 

We cannot guarantee permanent or continuous supply of products on our Website. All orders are subject to availability at all times.

 

Prices and Payment

The prices on the Website at the time of any order placed will be the prices applicable to that order. We use our best efforts to ensure that the price of the product advised to you is correct. However, it is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced, in which case, if the product’s correct price at your order date is:

(a)   higher than the price stated on the Website, we will contact you for your instructions before accepting your order (if possible); or

(b)   lower than the price stated on the Website, we will charge the lower amount.

However, if the pricing error is obvious and unmistakable and could reasonably have been recognised by you as mispricing, we may end the contract, refund you any sums that you have paid and require the return of any products provided to you (as applicable).

Unless stated otherwise, all prices displayed on the Website include VAT, but exclude delivery costs.

We accept all major credit and debit cards. The payment will be managed by our payment processor for a quick, smooth and safe payment. Once we ship your order, we draw the money from your account.

 

Delivery

We deliver globally.

We will deliver the products ordered by you to the delivery address you have provided when you place the order on the Website.

During the order process, we will let you know the cost and timeframe of delivery.

If our supply of the products is delayed by an event outside our control, we will contact you as soon as possible to let you know and take steps to minimize the effect of the delay. Provided we do this, we will not be responsible for delays caused by such events.

If we are unable to make the delivery because there is nobody home we will leave a card confirming that we have attempted delivery. It will then be your responsibility to arrange a new delivery date. If you do not arrange a new delivery date or collect them from a delivery depot (as applicable), we may end the contract. If we end the contract, we will refund any money you have paid in advance for the product but deduct or charge you reasonable costs we incurred as a result (such as storage and further delivery costs).

You have legal rights if we delivery any products late. If we have missed the delivery deadline and any of the following apply, you may treat the contact as at an end:

(a)   we have refused to deliver the products;

(b)   delivery within the delivery deadline was essential (in the circumstances); or

(c)   you told us before we accepted your order that delivery within the delivery deadline was essential.

If you choose to treat the contract as at an end, you can cancel your order for the products or reject products that have been delivered. We will then refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must arrange for them to be posted back to us. We will pay the costs of postage.

Alternatively, if you do not wish to treat the contract as at an end, or you do not have the right to do so (because none of the above circumstances (a. – c.) apply), you can give us a new (reasonable) deadline for delivery. If we do not meet this new deadline, you may treat the contract as at an end, in which case the above process and right to a refund would apply.

 

International Delivery

If you order products from the Website for delivery to a destination outside of the United Kingdom, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable or responsible if you break any such law.

 

Right to cancel: Change of Mind

If you change your mind and no longer want a product, you may cancel your order and receive a refund within 14 days, beginning on the day after you receive the products. 

You can find more information about your right to cancel your order and receive a refund in our Returns Policy.

If you are in possession of the products, you are responsible to retain and take reasonable care of the products until the time of the physical return.

 

Faulty Products

If the product is faulty or not as described, you may have a legal right to get the product repaired or replaced or to get or all of your money back. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If you wish to exercise this legal right, you must contact us as soon as possible and post the product(s) back to us or allow us to collect them from you. We will pay the costs of postage or collection.

 

Title and risk

You will become the owner of the products you have ordered when we have received all funds in full payment for the products. Once products have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction.


Our liability

 

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

Unless separately agreed otherwise, Esensual Living only supplies products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

Transfer of these Terms

We may transfer our rights and obligations under these Terms to another organisation. We will contact you to let you know if we plan to do this.

You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing (such consent not to be unreasonably withheld).

 

Invalidity

If any part of these Terms is found by a court or relevant authority to be unenforceable, the enforceability of any other part of these Terms will not be affected

 

Waiver

If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 

Third Parties

A contract formed under these Terms is between you and us. No other person shall have any rights to enforce any of its terms.

 

Law and jurisdiction

These Terms and any contract formed under these Terms are governed by English law. The English courts will have non-exclusive jurisdiction over any dispute relating to these Terms and any contracts between us.

 

Notices

All notices given by you to us must be given to us in writing by email or at the address detailed at the beginning of these Terms. We may give notice to you at either the e-mail or postal address you provide to us when placing an order.

 

Contact Us

We are here to assist you. Please send an email to wecare@esensualliving.com if you have any questions, concerns or comme