Ascetic Aesthete Ltd

Some Important Terms

We are Ascetic Aesthete Ltd and we provide the products advertised on this website and any other designated outlet , subject to the following terms and conditions.

In using and purchasing from our website or other outlet, you acknowledge that you have read, understood, and agree, without limitation, to be bound by the terms and conditions contained herein. Acceptance of these terms and conditions does not affect your statutory rights.

Availability
All of our products are subject to availability. We will notify you as soon as possible if any items you want to purchase or have ordered are not available.

Delivery
We are unable to ship outside of the UK at present due to new rules regarding the sending of perfume as these are now classified as dangerous goods.

However, we are continuously working with stockists and suppliers in an attempt to find a cost-effective way to ship our perfumes to EU countries and internationally.

A maximum of 150ml of perfume can be posted at any one time due to new postage rules.

We will do our utmost to dispatch your goods promptly, but during busy periods delays may occur.

Returns Policy
This returns and refunds policy does not affect your legal statutory rights under the Consumer Contracts Regulations, the Sale of Goods Act or any other relevant legislation.

Incorrect Goods returned must be unused and in their original condition (unopened with packaging still intact). Those Goods must be returned within 14 days from the day after the date on which you received them.

If you receive faulty Goods, we will replace the item(s) as appropriate. The item(s) must be returned to us complete with all the packaging and a brief note explaining the fault. For your security and assurance, we advise sending such item(s) by recorded delivery, the cost of which we will refund to you. Please note that no replacement can be given until we are in receipt of the faulty Goods.

Please send returns to 24 Burnaby Gardens, London W4 3DP, UK.

We cannot make refunds if you do not like a perfume. Please purchase samples first to try our perfumes.

*Important information regarding postal returns*

Royal Mail has new labelling rules when posting perfume. These MUST be followed when posting perfumes within the UK. All returns MUST have the correct labelling on the outer box to be fully compliant with these rules. The outer packaging box you are returning the item in must display an ID8000 label (available at all post office counters) with the tick box completed accordingly. Failure to do so may result in your return being confiscated by Royal Mail whereupon we will accept no responsibility for your loss.

 

Bespoke Service Policy
If you are interested in this service, please contact us at info@ascethicaesthete.com. Separate terms and conditions apply and will be made available upon agreement and request. We ask for 50% of the total cost for this service to be paid after a first paid consultation. The first consultation fee is refunded when an order is placed. You will receive the bespoke perfume upon receipt of the outstanding balance.

Because you will have the opportunity to work closely with us throughout the 6 month design process, we will not be able to give you refunds if the perfume does not match your expectations.

General Terms and Conditions

  1. 1. Interpretation
    1. 1.1 Definitions:

Business Day

a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

Conditions

the terms and conditions set out in this document as amended from time to time in accordance with clause 11.3.

Contract

the contract between us and you for the sale and purchase of the Goods in accordance with these Conditions.

Customer

the person or firm who purchases the Goods from us.

Delivery Location

has the meaning given in clause 4.2.

Force Majeure Event

an event, circumstance, or cause beyond a party’s reasonable control.

Goods

the goods (or any part of them) set out in the Order.

Order

your order for the Goods, as set out in your purchase order form. 

Specification

any specification for the Goods, including any related plans and drawings, that is agreed in writing by you and us.

Supplier

Ascetic Aesthete Ltd (registered in England and Wales with company number 06243126).

1.2 Interpretation

1.2.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.2.2 A reference to a party includes its successors and permitted assigns.

1.2.3 A reference to a statute or statutory provision is a reference to it as amended or re-enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

1.2.4 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.2.5 A reference to writing or written includes email.

2. Basis of contract

2.1 These Conditions apply to the Contract to the exclusion of any other terms that you might seeks to impose or incorporate, or which are implied by law, trade custom, practice, or course of dealing.

2.2 The Order constitutes an offer by you to purchase the Goods in accordance with these Conditions. Please make sure the details of the Order and any Specification are complete and accurate.

2.3 There will be a Contract between us when we accept in writing your Order.

2.4 Any samples, drawings or advertising produced by us and any illustrations contained in our correspondence, catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods. They are not part of the Contract.

2.5 Our quotations are only valid for a period of 20 Business Days from date of issue.

3. Goods

3.1 The Goods are described in our correspondence, website, catalogue, or brochure as modified by any applicable Specification.

3.2 To the extent that the Goods are to be manufactured in accordance with a Specification supplied by, or agreed to, you, you will indemnify us against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights because of our use of the Specification.  This clause 3.2 survives termination of the Contract.

3.3 We reserve the right to amend the Specification of the Goods if required by any regulation or law.

4. Delivery

4.1 We will ensure that: 

4.1.1 each delivery of the Goods is accompanied by a delivery note that shows the date of the Order, your and our reference numbers, the type and quantity of the Goods (including any code number of the Goods), any special storage instructions and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; 

4.1.2 good quality couriers services are used for your Order, but we can accept no liability whatsoever for delayed or lost delivery caused by a third party;

4.1.3 if we require you to return any packaging materials to us, we will state that clearly on the delivery note. Please make such packaging materials are available for collection at such times as we reasonably request.  We will pay for returns of packaging materials; and

4.1.4 we will deliver the Goods to the location set out in the Order or such other location as we both agree (Delivery Location) at any time after we let you know that the Goods are ready.  Please ensure that you enter the correct delivery address at the time of ordering.  If re-delivery to the correct address is required, you will incur additional charges.

4.2 Delivery is completed on the completion of unloading of the Goods at the Delivery Location.

4.3 Any dates quoted for delivery are approximate only. We will not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or if you do not give us adequate delivery instructions or any other instructions needed to properly deliver the Goods.

4.4 If we fail to deliver the Goods, our liability is limited to the costs and expenses incurred by you in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. 

4.5 If you fail to collect or accept delivery (whichever we have agreed) of the Goods within five Business Days of us notifying you that the Goods are ready, then, except where such failure or delay is caused by a Force Majeure Event or our failure to comply with our obligations under the Contract:

4.5.1 acceptance or delivery of the Goods shall be deemed to have taken place at 5:00 pm on the third Business Day after the day we notified you that the Goods were ready; and

4.5.2 we will store the Goods until acceptance or delivery takes place and charge you for all associated costs and expenses (including insurance).

4.6 If 10 Business Days after the day we notify you that the Goods were ready for acceptance or delivery and you still have not accepted or taken delivery of them, we can resell or otherwise dispose of part or all of the Goods.

4.7 We may deliver the Goods by instalments, and we will invoice you in similar instalments.  Any delay in delivery or defect in an instalment is not a reason for you to cancel any other instalment.

5. Quality

5.1 We warrant that on delivery the Goods shall:

5.1.1 match in all material ways their description and any applicable Specification;

5.1.2 be free from material mistakes in design, material, and workmanship;

5.1.3 be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and

5.1.4 be fit for the purpose we told you about.

5.2 Subject to clause 5.3, if:

5.2.1 you notify us in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranties in clause 5.1 above;

5.2.2 we have had a reasonable opportunity of examining those Goods; and

5.2.3 you (if we ask) return those Goods to our address at your cost,

we shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

5.3 We shall not be liable for the Goods’ failure to comply with the warranty set out in clause 5.1 in any of the following events:

5.3.1 you make any further use of such Goods after giving notice in accordance with clause 5.2;

5.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;

5.3.3 the defect arises as a result of our following any drawing, design or Specification supplied by you;

5.3.4 you alter or repair such Goods without our written consent;

5.3.5 the defect is a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

5.3.6 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

5.4 Except as provided in this clause 5, we shall have no liability to you in respect of the Goods’ failure to comply with the warranty set out in clause 5.1.

5.5 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

5.6 These Conditions shall apply to any repaired or replacement Goods supplied by us.

6. Title and risk

6.1 The risk in the Goods shall pass to you on completion of delivery.

6.2 Title to the Goods shall not pass to you until the earlier of:

6.2.1 we receive payment in full (in cash or cleared funds) for the Goods; and

6.2.2 you resell the Goods, if agreed by us, in which case title to the Goods shall pass to you at the time specified in clause 6.4.  

6.3 Until title to the Goods has passed to you, you shall:

6.3.1 store the Goods separately from all other goods held by you so that they remain readily identifiable as our property;

6.3.2 not remove, deface, or obscure any identifying mark or packaging on or relating to the Goods;

6.3.3 maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery;

6.3.4 notify us immediately if it becomes subject to any of the events listed in clause 9.1.2 to clause 9.1.4; and

6.3.5 give us such information as we may reasonably require from time to time relating to:

6.3.5 (a) the Goods; and

6.3.5 (b) your ongoing financial position.

6.4 Subject to clause 6.2, and if agreed by us, you may resell or use the Goods in the ordinary course of your business (but not otherwise) before we receive some or the entire payment for the Goods. However, if you resell the Goods before that time:

6.4.1 you do so as principal and not as our agent; and

6.4.2 title to the Goods shall pass from us to you immediately before the time at which resale by you occurs.

6.5 At any time before title to the Goods passes to you, we may require you to deliver up all Goods in your possession that have not been resold, or irrevocably incorporated into another product, and if you fails to do so promptly, enter any premises of you or of any third party where the Goods are stored in order to recover them.

7. Price and payment

7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in our published price list in force as at the date of delivery.

7.2 We may, by giving notice to you at any time up to 10 Business Days before delivery, increase the price of the Goods to reflect any increase in the cost of the Goods that is due to:

7.2.1 any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, and increases in labour, materials, and other manufacturing costs);

7.2.2 any request by you to change the delivery date(s), quantities or types of Goods ordered, or the Specification; or

7.2.3 any delay caused by any instructions of you or failure of you to give us adequate or accurate information or instructions.

7.3 The price of the Goods:

7.3.1 excludes amounts in respect of value added tax (VAT), which you shall additionally be liable to pay to us at the prevailing rate, subject to the receipt of a valid VAT invoice; and 

7.3.2 excludes the costs and charges of packaging, insurance, and transport of the Goods, which shall be invoiced to you.

7.4 You shall pay each invoice submitted by us:

7.4.1 within 21 days of the date of the invoice or in accordance with any credit terms agreed by us and confirmed in writing to you; and

7.4.2 in full and in cleared funds to a bank account nominated in writing by us, and

7.4.3 time for payment shall be of the essence of the Contract.

7.5 If you fails to make a payment due to us under the Contract by the due date, then, without limiting our remedies under clause 9 (Termination), you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause 7.6 will accrue each day at 4% a year above the Bank of England’s base rate from time to time, but at 4% a year for any period when that base rate is below 0%.

7.6 All amounts due under the Contract shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

8. LIMITATION OF LIABILITY

8.1 We intend to insure certain types of business risk.

8.2 The restrictions on liability in this clause 8 apply to every liability arising under or in connection with the Contract including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

8.3 Nothing in in the Contract limits any liability which cannot legally be limited, including liability for:

8.3.1 death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);

8.3.2 fraud or fraudulent misrepresentation;

8.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979; or

8.3.4 defective products under the Consumer Protection Act 1987.

8.4 Subject to clause 8.3, our total liability to you shall not exceed the total contract price paid by Customer to Supplier under this contract.

8.5 Subject to clause 8.3, the following types of loss are wholly excluded:

8.5.1 loss of profits;

8.5.2 loss of sales or business;

8.5.3 loss of agreements or contracts;

8.5.4 loss of anticipated savings;

8.5.5 loss of use or corruption of software, data, or information;

8.5.6 loss of or damage to goodwill; and

8.5.7 indirect or consequential loss.

8.6 The user must bear the inherent risk associated with the use of the worldwide web. We will not be responsible for any errors or omissions or any technical problems (including but not limited to worms and viruses) you may experience with the website; incompatibility of the website with any of your equipment, software, or telecommunications links.

8.7 Our website may contain links to other websites and resources on our website.  Such links are in no way an endorsement by us of the referenced content, product, service, or supplier. Should you choose to link to or from any off-website pages or other websites, you acknowledge that this is carried out at your own risk, and if you do this, we will accept no liability to you, howsoever caused.

8.7.1 The Personal Data and Security Policy contained within these Terms and Conditions does not apply to such other websites.

8.8 This clause 8 will survive termination of the Contract.

9. Termination

9.1 Without limiting our other rights or remedies, we may terminate this Contract with immediate effect by giving written notice to you if:

9.1.1 you commit a material breach of any term of the Contract and (if such a breach can be remedied) you fail to remedy that breach within 14 days of us notifying you writing to do so;

9.1.2 you take any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with your creditors (other than in relation to a solvent restructuring), obtaining a moratorium, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of your assets or ceasing to carry on business;

9.1.3 you suspend, threaten to suspend, ceases or threatens to cease to carry on all or a substantial part of your business; or

9.1.4 your financial position deteriorates so far as to make us think, with reason, that you will not be able to give effect to this Agreement.

9.2 Without limiting our other rights or remedies, we may suspend our performance of this Contract or any other contract between us if you become subject to any of the events listed in clause 9.1.2 to clause 9.1.4, or we reasonably believe that you are about to become subject to any of them, or if you fail to pay any amount due under this Contract.

9.3 Without limiting our other rights or remedies, we may terminate the Contract with immediate effect by giving you written notice if you fail to pay any amount due under the Contract.

9.4 On termination of the Contract for any reason you shall immediately pay to us all of our outstanding unpaid invoices and any interest and, in respect of Goods supplied but for which no invoice has been submitted, we shall submit an invoice, which shall be payable by you immediately on receipt.

9.5 Termination or expiry of the Contract, however arising, shall not affect either our respective rights and remedies that have accrued as at termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.

9.6 Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect.

10. Force majeure

We shall not be in breach of the Contract nor liable for delay in performing, or failure to perform, any obligation under the Contract if the delay or failure results from a Force Majeure event (see definitions). If that happens, we will get a reasonable extension of the time to perform such obligations. If the period of delay or non-performance continues for six months, you can terminate this Contract by giving 30 days’ written notice to us.

11. General

11.1 Assignment and other dealings

11.1.1 We may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under the Contract.

11.1.2 You may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without our prior written consent.

11.2 Entire agreement.

11.2.1 This Contract is the whole agreement between us both and takes priority above all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to its subject matter.

11.2.2 We each agree not to have any rights in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not contained in this Agreement. We also each agree to have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Agreement.

11.3 Amendment. No amendment of this Contract shall be effective unless it is in writing and signed by each of us.

11.4 Waiver. No failure or delay by either of us to exercise any right or remedy provided under the Contract or by law shall be a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

11.5 Severance. If any part of the Contract is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this Agreement. If any part of the Contract is deemed deleted under this clause 11.5 we each will negotiate in good faith to agree a replacement part that, as far as we possibly can, achieves the intended commercial result of the original part.

11.6 Notices.

11.6.1 Any notice or other communication given to a party under or in connection with the Contract shall be in writing and shall be:

11.6.1 (a) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

11.6.1 (b) sent by email to the address specified in the Order.

11.6.2 Any notice or communication shall be deemed to have been received

11.6.2 (a) if delivered by hand, on signature of a delivery receipt;

11.6.2 (b) if sent by pre-paid first-class post or other next working day delivery service, at 5:00 pm on the third Business Day after posting or after the delivery time recorded by the delivery service; and

11.6.2 (c) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 11.6.2 (c), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

11.6.3 This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

11.7 Third party rights.

11.7.1 Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.

11.7.2 The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.

11.8 Intellectual Property

11.8.1 All content available on our website, including text, contact, graphics, logos, photographs, names, illustrations, artwork, trademarks, and other material is our property and may be protected by copyrights, trademarks and/or other proprietary rights. You agree not to use or reproduce, in whole or in part, any content of this website without our prior written consent.

11.9 Personal Data and Security Policy

11.9.1 We are fully committed to protecting your privacy and will only use your personal data in accordance with the provisions of the Data Protection Act 1998. Where required by law, court order or regulation, your personal data may be made available to third parties; it may also be shared with other organisations to prevent fraud.

11.9.2 Personal data collected at the time of order will only be used to process your order and select communication from us.

11.9.3 In submitting your personal details to this website, you are consenting to our collection and processing of your information as set out in this Personal Data and Security Policy.

11.10 Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.

11.11 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Contract or its subject matter or formation.