(For terms and conditions governing earning rates, exclusions and promotions, see paragraph 19)
These terms and conditions (together with the information and policies contained on the website or application and any other documents referred to in these terms and conditions) (“Terms and Conditions”) set out the legal terms that apply to your use of our website http://www.l-effet.com, any of its sub-domains and any other websites operated by us or on our behalf and any mobile device application or desktop application developed by us or on our behalf (together, the “Websites” and “Website” being a reference to any one of them), to your membership of the incentive scheme operated by L’Effet Limited (the “Scheme”) and to the other services that we provide (the “Services”).
Please read these Terms and Conditions carefully and make sure that you understand them before using the Services. Please note that by using the Services, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you will not be able to use the Services and you should leave the Website immediately. If you continue to use the Website, if you join the Scheme and/or if you claim incentives under the Scheme, we will take this as your acceptance of these Terms and Conditions.
1. Understanding these Terms and Conditions
When certain words and phrases are used in these Terms and Conditions, they have specific meanings (these are known as ‘defined terms’). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of the Terms and Conditions where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks). When we refer to “we”, “us” or “our”, we mean L’Effet Limited. Where we refer to “you” or “your” we mean you, the person using the Services. We have used headings to help you understand these Terms and Conditions and to locate information easily.
These Terms and Conditions are only available in the English language. We will not file copies of the contracts between us and you relating to our supply of the Services, or between you and the Partners relating to the sale of the products, so we recommend that you print or save a copy of these Terms and Conditions for your records (but please note that we may amend these Terms and Conditions from time to time so please check the Website regularly, and each time you use the Services, to ensure you understand the legal terms which apply at that time).
2. About us
We are L’Effet Limited and we operate the Website and the Scheme. We are a company registered in England and Wales and our registered office is at 300 Vauxhall Bridge Road, London SW1V 1AA. Our registered company number is 11249501and our VAT number is 313 0886 22.
We provide the Services to you through the Website. Further details of the Services may be found in section 3 below.
When you purchase products from the third party retailers (“Partner(s)”) named on the Website, it is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as marketing agents on behalf of the Partners, which are the principals. We are not authorised by the relevant Partners to conclude the contract on their behalf, we are not a party to that contract and you are not purchasing the products from us. Further details about the products, the Partners and the contract between you and the Partners in relation to your purchase of the products are set out in sections 4, 5 and 7 below.
We also operate the Scheme under which incentives may be earned by you for making qualifying purchases at our Partners. Further details of the Services and we provide and the Scheme we operate are set out in sections 7, 8, 9 and 10. The details of any current promotions are laid out in section 19.
Your contract with us is concluded once any Incentives due to you as a result of any qualifying purchase have been correctly credited to you.
3. Our Services
The Services we offer allow you to search through the Website and to view products and services from a large number of Partner boutiques and brands. They also allow you to become a Member of the Scheme operated by L’Effet, under which you may earn incentives in the form of a cash rebate or airline or hotel loyalty points or miles (“the Incentives”) for any qualifying purchases you make from L’Effet’s Partners. As part of the Services, we also provide some ancillary services such as allowing you to purchase limited access experiences (“the Experiences”), to book appointments and to connect with transport providers and customer service assistance.
In order to use the Services you must be over 18 years of age.
4. The products
We attempt to be as accurate as possible in the description of the retailers and products we market on the Website. However, as the descriptions are based on information provided to us by the Partners (who remain responsible for them), we cannot guarantee that all details are always accurate, complete or error-free. The images of the products on the Website are for illustrative purposes only.
As a consumer, you have legal rights in relation to products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office or the equivalent office in your country of residence. Nothing in these Terms and Conditions will affect these legal rights. The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. You further agree that you will not export, re-export, or otherwise transfer the products to countries or territories that are the target of comprehensive embargoes or sanctions or to parties identified on the U.S. Treasury Department’s List of Specially Designated Nationals and Blocked Persons List or the E.U.’s Consolidated Financial Sanctions List.
Neither we nor the Partners have any liability to you for any loss of profit, loss of business, interruption of business, or loss of business opportunity.
5. L’Effet Partners
While we accept no responsibility for the standard of care in the supply of services by Partners or for the quality of their products, we will exercise reasonable skill and care in the organisation, co-ordination, facilitation and selection of Partners to participate in the Scheme.
We request that all Partners participating in the Scheme have and maintain reasonable business policies which comply with our own business policies. We cannot, however, be responsible for the Partners’ business policies. Further information about the Partners and the products they offer is available in their own websites.
6. Returns policy
As L’Effet is not a party to any purchase contract between you and a Partner, returns policies are determined by the relevant Partner. Please contact the Partner for further information.
7. L’Effet Incentives
L’Effet Limited acts as a marketing agent for the Partners and offers the Incentives to encourage shoppers to purchase products from the Partners. The Incentives are offered in cash at a rate to be announced on the Website from time to time or in miles issued by airline frequent flyer programmes or hotel frequent guest programmes (the “Loyalty Programmes”). More details of the Incentives that are currently available may be found in the Website.
Once they are credited to your account, you are responsible for the security of any Loyalty Programme Incentives and for using them strictly according to the rules and policies of the Loyalty Programmes. Specifically, the issuing of miles or points by the Loyalty Programmes does not constitute a guarantee that such miles or points may be redeemed for a specific reward on a particular date. For further information you should consult the website of the participating Loyalty Programmes before choosing how to receive your Incentives. Non-cash Incentives such as airline miles have no cash value and may not be exchanged for cash or other types of reward.
Any Incentives for which you qualify will be credited to your account within 30 days of the qualifying purchase in the case of cash rebates or within 60 days in the case of airline miles.
8. Membership of the Scheme
Individuals who are 18 years of age or over may apply for Membership of the Scheme. To apply for Membership an individual must apply through the L’Effet app and will receive a Membership Number which must be quoted at the point of purchase of any product from any Partner. Membership is offered at our discretion and we may refuse Membership to any applicant or terminate their Membership of the Scheme at our sole discretion. Membership is not open to companies, partnerships, unincorporated associations or similar entities.
We also reserve the right not to enrol individuals with residential addresses in certain countries and/or regions or restrict transfers and changes of registered address. Such countries and/or regions are subject to change however reasonable advance notice will be given in circumstances where the removal of a country and/or region will affect the Membership of existing Members.
By activating their account, providing a Membership Number and/or participating in the Scheme, Members agree to be bound by the Terms and Conditions (as amended from time to time) and the information on the Website.
We may cancel any Incentives we reasonably believe to be unauthorised or fraudulent. It is your responsibility to keep secure any information that might identify you and allow access to your Membership. We reserve the right to audit a Member’s account and records without notice to the Member to check for compliance with these Terms and Conditions, any Partner’s terms and conditions and any other applicable rules, regulations or terms and conditions.
Members may terminate their Membership by contacting us stating that they no longer wish to be a Member. However, any such termination does not relieve the Member of any continuing obligations under these Terms and Conditions. In the case of Fraud and/or Misconduct, we may cancel all outstanding Incentives of the Member.
9. Earning Incentives
Incentives cannot be redeemed until they have been credited to your personal account. We recommend that you keep records of your qualifying transactions so you can check that the correct amount of Incentive has been credited to your account.
In cases of dispute about entitlement to Incentives, we may require proof of a transaction with the relevant Partner. Claims must be lodged in accordance with the Partner’s terms and conditions. Incentives may not be earned under the Scheme if Incentives (or equivalent) have also been earned under any other loyalty type schemes for the same activity. In the event we grant any Incentives in such circumstances we reserve the right to cancel the Incentives without notice to you.
Incentives are not transferable in any way (whether from person to person, account to account, Scheme to any other loyalty type scheme or otherwise).
10. Changes to the Scheme
We reserve the right to change the Scheme, the Incentives, the Partners, the Experiences and the Services we provide as well as to change these Terms and Conditions and / or to terminate the Scheme in its entirety. We may, from time to time, change the currency used by us or the rate at which Incentives are earned either in whole or in relation to any country or region.
We will give you reasonable notice via the Website where possible. Members who do not wish to accept changes to the Scheme may terminate their Membership in the manner described above. Please refer to the Website for the latest copy of these Terms and Conditions.
We will not be liable for any Loss resulting from alteration to, or termination of, the Scheme or the right to earn or redeem Incentives. We will not be liable for any loss if, by reason of local legal or regulatory prohibitions or restrictions, the Scheme or the whole or any part of the Services cannot be made available in certain countries or to certain Members.
We and the Partners will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control.An event outside of our control means any act or event beyond our or the Partners reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks. Any changes to the operation of the Incentive Programme will be announced on the Website.
If such an event takes place and it affects the performance of our obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) complete our obligations to you as soon as possible after the termination of the event.
We make no representations as to any income, use, excise or other tax liability of Members as a result of their Membership. Members are advised to check with their accountant or tax advisor for further information.
The Member is solely responsible for any tax liability incurred as a result of receiving Incentives as a Member of the Scheme.
13. Our Website
This section sets out the rules that apply to your use of the Website. By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
A. Access to the Website
The Website is made available free of charge and you are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions, and that they comply with them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce, copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or amend the Website without notice and, from time to time, we may restrict access to all or parts of the Website. We will not be liable to you if, for any reason, the Website is unavailable at any time or for any period. When you visit the Website, you are communicating with us electronically and you agree that all agreements, notices, disclosures and other communications that we send to you electronically (whether on our behalf or on behalf of the Partners) satisfy any legal requirement that same communications be in writing.
B. Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or impaired in any way. You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only. You must not use the Website for any of the following:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, use or reuse any material that is: (i) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (ii) in breach of copyright, trademark, confidence, privacy or any other right, and/or (iii) otherwise injurious to third parties, and/or (iv) objectionable, and/or (v) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
- To cause harm, annoyance, inconvenience or needless anxiety to any person.
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them. If you breach any of the Terms and Conditions and/or any Third Party Products and Services’ terms and conditions, you will indemnify us in full against all costs, expenses, liabilities, damages and losses (excluding any indirect, incidental or consequential loss), including any interest, fines and legal or other professional fees and expenses awarded against or incurred or paid by us and/or any member of our group as a result of or in connection with your breach.
C. Third Party Products and Services on the Website
The Website may contain services and/or products (including add-ons and applications) offered by third parties other than our Partners (the “Third Party Products and Services”). Your use of these Third Party Products and Services may be subject to additional terms and conditions which we recommend you review before first using such Third Party Products and Services and continue to review for any changes. We disclaim any responsibility or liability for or in connection with your use of any Third Party Products and Services. We reserve the right to suspend, withdraw, terminate and/or amend your access to the Websites and/or Services, including but not limited to Third Party Products and Services, in the event that you breach any Third Party Products and Services’ terms and conditions. Use of Third Party Products and Services is entirely at your own risk.
We make no guarantee that any or all features of the Websites, Services or Third Party Products and Services will work on any particular device.
We are happy for you to link to the Website but you must do so in a way that is fair and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or endorsement by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so without delay. Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as an endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
E. Our liability in relation to the Website
We may update or change the Website or its contents at any time but we are under no obligation to do so. Please note that this means any of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. We make no representations, warranties or guarantees, whether express or implied, that the Website, or any content on it, is accurate, complete, up-to-date or will be free from errors or omissions. To the fullest extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website, or any content on it, whether express or implied.
We will not be liable to you or any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with: (i) use of, or inability to use, the Website; or (ii) use of or reliance on any content displayed on the Website.
Please note that we only provide the Website for domestic and private use and, as such, we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
15. Intellectual property, software and content
We are the owner or the licensee of all intellectual property rights in the Website and its content (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software including the presentation and compilation of the same) (“Content”). The rights in the Website and the Content are protected by international copyright laws as well as by any relevant national law concerning copyright, authors’ rights and database right laws. All such rights are reserved. You must not systematically extract and/or re-utilise parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the Website. You must not create and/or publish your own database that features substantial parts of the Website (e.g. our product listings) without our prior written consent.
Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
16. Ethical sourcing policy
As a reputable and trusted business committed to offering its customers a high quality service, we recognise our obligation to ensure that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees’ health and safety and basic human rights. All Partners and other suppliers are expected to comply with their national employment laws and regulations with particular regard to: minimum age of employment, freely-chosen employment, health and safety, freedom of association and the right to collective bargaining, discriminatory practices, harsh or inhumane treatment, working hours, rates of pay and terms of employment. We also expect our Partners to buy their products from sustainable sources, to use sustainable working practices wherever practicable and we look to them and other suppliers to instil these principles when dealing with their own supplier base.
17. Other important information
Severability – Each of the sections and paragraphs of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
Waiver – If you breach these Terms and Conditions and we take no action, or if we delay in taking action, that does not mean that we have waived our rights and we will still be entitled to use our rights and remedies. If we do waive a breach by you, we will only do so in writing (signed by one of our Directors), and that will not mean that we will automatically waive any later breach by you.
Entire agreement – These Terms and Conditions constitute the entire agreement between you and us and they supersede any and all earlier agreements between you and us.
Complaints – We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our Contact Us page in our Website for details of how to get in touch with us.
18. Governing Law and Jurisdiction
Anything related to your use of the Website, the Scheme, the Incentives or these Terms and Conditions are governed by English law. The courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
If there is any conflict in meaning between the English language version of these Terms and Conditions and any version or translation of these Terms and Conditions in any other language, the English language version shall prevail.
19. Earning rates, exclusions and promotions
Rewards may not be earned on Patek Philippe and Rolex watches at Mappin & Webb, on art and antiques at Connolly or on rocking horses, installation, delivery or interior design projects at Dragons of Walton Street.
The standard rate of rewards is 5% cash rebate reward (“cashback”) into your PayPal or Alipay account, or 2 Asia Miles or 2 KrisFlyer miles per £1 spent on qualifying purchases.
Up to 29 February 2020 inclusive, when you make your first qualifying purchase under the Scheme, the cashback applicable to that first purchase is increased from 5% to 10%. This does not apply to watches, services or bridal jewellery at House of Garrard.
Up to 29 February 2020 inclusive, the mileage reward applicable for all qualifying purchases is increased from 2 KrisFlyer miles or 2 Asia Miles per £1 spent to 4 miles per £1 spent.
Where a member also participates in another promotional programme funded by L’Effet Limited, we reserve the right to change these Terms & Conditions to preclude members receiving more than one incentive funded by L’Effet Limited.
The decision of L’Effet in all cases regarding promotions and exclusions is final.