Terms & Conditions

QUINTESSENTIALLY PLATINUM (“QUINTESSENTIALLY”) TERMS AND CONDITIONS OF MEMBERSHIP (“CONDITIONS”)

These Conditions apply to all services ordered from or provided to you by Quintessentially and by requesting services from Quintessentially you agree that these conditions shall apply to those services and your order.

1 DEFINITIONS AND INTERPRETATION

1.1 In these Conditions, the following definitions apply:
Benefits: means the benefits made available to Members by Suppliers.
Conditions: these terms and conditions as amended from time to time in accordance with clause 10.5.
Member: a person registered as a member of the Membership Club.
Membership: means membership of the Quintessentially Platinum Membership Club.
Membership Card: means the card issued to Members by Quintessentially upon acceptance of a Membership application in accordance with clause 2.
Membership Club: means the Quintessentially Platinum Membership Club.
Payment Card: has the meaning given in Clause 7.3.
Website: means the website located at www.quintessentiallyplatinum.com.
Request: means a request for Services placed by a Member with Quintessentially.
Services: means the services described on the Website from time to time and concierge and lifestyle management services requested by Members from Quintessentially.
Supplier: means a supplier engaged by Quintessentially on behalf of and as agent for a Member to provide goods and/or services to that Member.

1.2 In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms including, include, in particular or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to writing or written includes e-mails.


2 MEMBERSHIP APPLICATIONS AND YOUR MEMBERSHIP CARD

2.1 All Membership applications are subject to acceptance by Quintessentially at its sole discretion. Quintessentially shall notify applicants in the event that his or her Membership application has been accepted. Quintessentially is under no duty to disclose its reasons for rejecting any Membership application.

2.2 You are obliged to provide correct personal details when you apply for Membership. Failure to do so may invalidate your Membership and any subsequent transactions. Your responsibility to provide accurate information is a continuing obligation and you must notify Quintessentially promptly in the event that any information provided by you in connection with your Membership changes.

2.3 Quintessentially operates offices in a number of territories worldwide. Quintessentially encourages Members with residences in multiple territories to register for Membership with the Quintessentially office in the territory where their primary residence is located in the first instance.

2.4 Quintessentially will issue you with a Quintessentially Platinum Membership Card together with associated Membership documentation as soon as possible.

2.5 Your Membership is personal to you. You are responsible for ensuring that no one (other than your personal assistant on your behalf, where applicable) uses your Membership.

2.6 Access to and use of your personalised Membership section of the Website is through a combination of user name and password. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify Quintessentially immediately if you believe that there has been any breach of security, including the unauthorised use of your name and password. 

2.7 We ensure that your data is treated securely and in accordance with the Quintessentially privacy policy, further details of which are set out in Clause 10.1. All information you provide to us is stored on our secure servers or servers hosted by third party service providers. The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). Where data is stored at or processed by third party service providers at a destination outside of the EEA, we will use reasonable endeavours to ensure that all such third party service providers are self-certified to the Safe Harbor framework or have agreed to the EU Contractual Clauses which have been deemed to provide an adequate level of protection under applicable laws.. Any payment transactions carried out by us or our chosen third-party provider of payment processing services will be encrypted using Secured Sockets Layer/Transport Layer Security technology.

2.8 You must notify Quintessentially immediately by e-mail at AskQ@quintessentially.com if your Membership Card is lost or stolen.


3 MEMBERSHIP TERM AND RENEWALS

3.1 Membership is complimentary and available by invitation only exclusively to clients of Deutsche Bank Wealth Management, Deutsche Bank Group. Membership for Quintessentially Platinum Members ends automatically one year after activation unless it is renewed by Deutsche Bank for you or you agree to purchase a new Membership directly from Quintessentially.

3.2 Quintessentially may at your request purchase goods or services on your behalf. In the event that we act as a credit agent in this regard, you hereby authorise Quintessentially to deduct the credit sum from your Payment Card immediately.

3.3 Where Deutsche Bank does not wish to renew your Membership, Quintessentially may contact you directly in order to ask you if you wish to renew your Membership directly with Quintessentially.


4 SUPPLY OF SERVICES

4.1 Quintessentially shall supply the Services to the Member in accordance with the relevant Request provided that Quintessentially 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.

4.2 Quintessentially 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.

4.3 Quintessentially shall have the right to make any changes to the Services which are necessary to comply with any applicable law or safety requirement, or which do not materially affect the nature or quality of the Services, and Quintessentially shall notify the Member in any such event.

4.4 Services will be provided in English (and in other languages depending on the location of the Quintessentially office during normal business hours).

4.5 You acknowledge that Quintessentially reserves the right to accept commissions upon the supply of products or performance of services by any Supplier.

4.6 Telephone calls to Quintessentially may be monitored or recorded for training and quality control purposes. If you do not wish your telephone call to be recorded please let your Quintessentially Platinum Lifestyle Manager know in advance.

4.7 Quintessentially shall provide the Services using reasonable care and skill and, as far as reasonably possible, in accordance with your Request and reasonable instructions from time to time.

4.8 Restaurants and clubs:
(a) When you use the restaurant booking service you hereby authorise us to debit your Payment Card for any deposit paid by us on your behalf to the restaurant which is forfeited as a result of your cancellation of the booking.
(b) When you use the restaurant booking service you agree that where you cancel a restaurant booking within 24 hours of the time the restaurant reservation is made you shall be not be entitled to any refund of any monies paid to secure the booking including the return of any booking deposit.
(c) Quintessentially reserves the right to deny restaurant requests from Members if Members repeatedly fail to honour their bookings or continuously violate cancellation policies.
(d) Admission of Members to any club premises is at all times at the sole discretion of the club Supplier and Quintessentially shall have no liability where a Member is refused admission to a club.

4.9 Tickets:
(a) Quintessentially is engaged in the business of obtaining “best tickets” for all sold out events either directly itself or through one of its ticket agent partners. Please note that by purchasing tickets through Quintessentially or its partners you are purchasing tickets above face value, which includes service charge(s) reflecting our costs and efforts in obtaining your premium seats.
(b) All ticket sales are final, no refunds or cancellations are issued after you have purchased your tickets.
(c) In the events of show cancellations directly by the artist/promoter, only the return of the face value of the tickets can be guaranteed. Shipping fees are non-refundable.
(d) Quintessentially or its ticket agent partner will despatch your tickets through delivery agents at standard rates, with delivery guaranteed by noon on the following day unless otherwise specified. Please note that neither Quintessentially nor its ticket agent partners can be held liable for any failure by their delivery agents to deliver your tickets.
(e) Quintessentially or its ticket agent partners usually despatch tickets within 2 days from the time of booking if the tickets are already in stock. However some events have posting restrictions and are not despatched until the week prior to the event taking place. On certain occasions, our representatives may have to deliver your tickets on the night of the show at no additional cost.
(f) Quintessentially or its ticket agent partners reserve the right to upgrade tickets at no additional cost, to downgrade tickets (partial refund) or to cancel the order with a full refund.


5 PLACING A REQUEST

5.1 Members should always contact their personal Quintessentially Platinum Lifestyle Manager in the first instance to manage all Requests (including international Requests). Requests may be handled by other Quintessentially Lifestyle Managers from time to time.

5.2 Members may place Requests by telephone (which does not include text messages), e-mail or through the Members’ section of the Website.

5.3 Quintessentially, acting reasonably, reserves the right to withdraw any of the Services and/or to refuse to accept any Requests at its sole discretion.

5.4 If Quintessentially is unable or not obliged to deal with any Request, it will inform the Member as soon as reasonably practicable.

5.5 You undertake that all details you provide to us for the purpose of booking, ordering or purchasing products or services are correct, that the debit, credit and/or Payment Card you use from time to time is your own and that you have sufficient funds to cover the cost of the product or service.


6 REFUNDS AND RETURNS

6.1 If a Request for a specific product or service is not available, Quintessentially 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 Quintessentially for the unavailable product or service.

6.2 All descriptions of any products, services or Benefits on the Website have been approved by the relevant Supplier. Quintessentially shall not be liable for inaccurate or misleading descriptions except where Quintessentially is itself the Supplier of the relevant product or service.

6.3 Payment for all products and services shall be due immediately upon acceptance of the order by the relevant Supplier.

6.4 Members acknowledge that the following goods may not be refunded or exchanged:
(a) personalised and bespoke items made to a Member’s specification;
(b) perishable goods (for example food and flowers); and
(c) beauty products, perfumes, toiletries and other similar products.

6.5 The Member further acknowledges that for goods purchased on his or her behalf by Quintessentially 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 Quintessentially is asked to source a specific item for a Member, Quintessentially shall inform the Member of the refund and exchange policy of that Supplier in advance. Quintessentially shall not be liable to the Member where a Supplier does not accept the return or exchange of an item.

6.6 All goods must be returned in their original condition and packaging with the initial invoice, to the address of the Quintessentially office where the Member placed the Request. Any goods returned other than in their original condition and packaging will not be accepted and a refund or exchange will not be issued.

6.7 It shall be the Member’s sole responsibility to retain all proof of return, for example by returning the goods by registered delivery, or by any other similar means of ascertaining the date of the return dispatch and tracking the return.

6.8 Refunds for the total value of an order shall be processed within fifteen (15) days of Quintessentially receiving the goods and shall be issued to the same card that the Member used to purchase the goods.

6.9 In the event of an exchange of goods, Quintessentially shall not charge any additional delivery fees where the goods are of a similar size and weight.

6.10 Where orders are delivered outside the EU, any applicable customs duties and sales taxes shall not be refundable through Quintessentially. It shall be the Member’s sole responsibility to recover such monies. Quintessentially shall have no liability for any items held by any customs or border agency.

6.11 In the case of London same-day delivery, if the Customer is not at the specified Delivery address to receive their Order at the scheduled time, Quintessentially reserves the right to charge the Customer for each subsequent attempt to re-deliver the goods.


7 SUPPLIERS

7.1 Suppliers are responsible for providing you with the services, products and Benefits you Request us to order on your behalf from time to time. Quintessentially shall communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.

7.2 Suppliers may impose their own terms and conditions which, in every case apply to the supply of goods and/or services by that Supplier to you, and such terms and conditions shall be binding upon you at the time of order.

7.3 When ordering a product or service or accessing a Benefit, you may be required to provide details of your credit or debit card from which payments will be processed (“Payment Card”). If you request and authorise Quintessentially to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that Quintessentially shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided that Quintessentially acts in accordance with the instructions issued by you in relation thereof.

7.4 Unless otherwise agreed by the Supplier, you shall not be entitled to cancel any services requested where, on your instructions, supply of the order has already begun.

7.5 You acknowledge that the Benefits are subject to availability and may change from time to time without notice.

7.6 If Quintessentially’s performance of any of its obligations under these Conditions is prevented or delayed by any act or omission by the Member or failure by the Member to perform any relevant obligation (“Member Default”):
(a) Quintessentially shall without limiting its other rights or remedies have the right to suspend performance of the Services until the Member remedies the Member Default, and to rely on the Member Default to relieve it from the performance of any of its obligations to the extent the Member Default prevents or delays Quintessentially’s performance of any of its obligations;
(b) Quintessentially shall not be liable for any costs or losses sustained or incurred by the Member arising directly or indirectly from Quintessentially’s failure or delay to perform any of its obligations as set out in this clause 7.6; and
(c) the Member shall reimburse Quintessentially on written demand for any costs or losses sustained or incurred by Quintessentially arising directly or indirectly from the Member Default.


8 LIMITATION OF LIABILITY

8.1 Nothing in these Conditions shall limit or exclude Quintessentially’s liability for:
(a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation; or
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).

8.2 Subject to clause 8.1 0:
(a) Quintessentially shall not be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profits, loss of business, depletion of goodwill and/or similar losses, loss of anticipated savings, loss of goods; or, loss of contract, or loss of use or, loss of corruption of data or information whether direct or indirect or, any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses arising under or in connection with their Membership; and
(b) Quintessentially’s total liability to the Member in respect of all other losses arising under or in connection with their Membership, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to GBP £5,000.

8.3 Your contract for the supply of products or services is made with the relevant Supplier only. Quintessentially acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier.

8.4 You acknowledge that any contract entered into by you with any Supplier is an independent contract. Quintessentially 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 the Quintessentially.

8.5 Quintessentially shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from Requests or any instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any Member Default.

8.6 Quintessentially shall not be liable to you or be deemed to be in breach of these Conditions by reason of any delay in performing, or any failure to perform, any of Quintessentially’s obligations in relation to the Services, if the delay or failure was due to any cause beyond Quintessentially’s reasonable control.

8.7 Except as expressly set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Conditions. This clause 8 shall survive termination of these Conditions.


9 COMMENCEMENT AND TERMINATION

These Conditions shall take effect and be binding upon the Member and Quintessentially (UK) Limited upon acceptance by Quintessentially of your Membership application. These Conditions shall be applicable for the duration of your Membership and shall only cease to have effect upon the expiry or termination of your Membership. You agree that your only rights and remedies under these Conditions shall be against Quintessentially (UK) Limited and no other entity.


10 GENERAL

10.1 Privacy and Data Protection
The Services and your Membership are subject to the Quintessentially privacy policy, incorporated into these Conditions by reference and set out at the following web address: http://www.quintessentially.com/privacy_policy.html which applies at all times in relation to any data that we collect from you.
Client data includes:
• Name
• Address
• Date of birth
You agree that the above client data will be transferred by Quintessentially to Deutsche Bank AG to reconfirm that you are entitled to make use
of a Quintessentially Platinum 12 months Membership for no charge and that your Membership will not be activated until Deutsche Bank has
approved the application.

10.2 Assignment and subcontracting:
(a) Quintessentially may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights under these Conditions and may subcontract or delegate in any manner any or all of its obligations under these Conditions to any group company from time to time.
(b) The Member shall not, without the prior written consent of Quintessentially, assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Conditions.

10.3 Waiver:
(a) A waiver of any right under these Conditions is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under these Conditions or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
(b) Unless specifically provided otherwise, rights arising under these Conditions are cumulative and do not exclude rights provided by law.

10.4 Severance:
(a) If a court or any other competent authority finds that any provision of these Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of these Conditions shall not be affected.
(b) If any invalid, unenforceable or illegal provision of these Conditions would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.

10.5 Variation: Quintessentially may vary these 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: Quintessentially Newsletter, the Website, by Email or by phone. Your continued use of your Membership constitutes acceptance of such variations to these Conditions.

10.6 No partnership: Nothing in these Conditions is intended to, or shall be deemed to, constitute a partnership or joint venture of any kind between any of the parties, nor constitute any party the agent of another party for any purpose. No party shall have authority to act as agent for, or to bind, the other party in any way.

10.7 Third parties: A person who is not a party to these Conditions shall not have any rights under or in connection with it.

10.8 Governing law and jurisdiction: These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

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