SAGHI Online Store Terms of Service

SAGHI User Terms of Service

Please read these Terms of Service (“Terms”) carefully. By downloading, accessing or using the Saghi Limited website, application on iOS or Android devices (“App& Web”) you agree to be bound by these Terms. We may change these Terms and modify or discontinue, temporarily or permanently, the application or any features or portions thereof without prior notice. To assist you in determining whether the Terms have changed since your most recent order we will display the date when these Terms were most recently updated.

1. Who we are

The App and website platforms are owned and maintained by Saghi Limited (company number 12687673) whose registered address is at 228 QUEENS DOCK BUSINESS CENTER,NORFOLK STREET,LIVERPOOL,UNITED KINGDOM,L1 0BG. In these Terms we will refer to Saghi Limited as “Saghi Limited”, “we”, “us” or “our” and we will refer to you here as “you” and “your”. You may contact our customer support team by (1) emailing [email protected]; or (2) by using the instant messaging facility on the App and Website. Members of our customer support team are human and make mistakes from time to time; anything they agree to cannot be considered to be final. If a mistake is made your ticket will be escalated to a manager who will attend to your issue personally.

2. Our objective

Our objective is to provide a simple and convenient on-demand service which enables you to enjoy top quality beauty, cosmetics, health and nutritional products delivered to your door. In order to make these products available to you we work with leading brands and offer you a bespoke recommendation of carefully curated products. We offer both an on demand and 24-hour delivery service; depending on geographical availability (“Service”).

3. Getting started

In order to use the App you will have to create an account. When you create the account you will have to provide a valid mobile phone number and email address, and may have to create a password. By creating an account you agree not to share your account password or let others have access to your account and you will not attempt to transfer your account to anyone else. You are responsible for the activity that happens on or through your account, so we urge you to keep your account password secure and to always log-off when leaving your mobile device or browser unattended to avoid misuse. Saghi Limited will not be liable for losses caused by any unauthorised use of your account and you may be liable for the losses of Saghi Limited or others due to unauthorised use. We strongly recommend that you notify us immediately of unauthorised use of your account or of any related security breach.

4. Age restriction

Some products may require you to be at least eighteen years old to purchase, and upon delivery of orders containing age restricted products we will ask you to verify your age. The driver may refuse to deliver age restricted products to any person who does not appear, or cannot prove they are aged 18 or over. If you are refused delivery of any item pursuant to this paragraph you will be refunded the cost of the item less charges for delivery and return.

5. Pricing and availability of products

All prices referred to in the App are inclusive of UK VAT. Promotional offers and prices are as stated, with no further discounts available.

Availability

Although we endeavour to ensure that all pricing information on this website is accurate, occasionally an error may occur and goods may be mis-priced or out of stock. If we discover a pricing error or that an item is out of stock after it is ordered we will, at our discretion, either (1) contact you and ask you whether you wish to cancel your order or continue with the order at the correct price or a substitute item or (2) notify you that we have cancelled your order. We will not be obliged to supply goods at the incorrect price or which are not in stock. We reserve the right to adjust prices, offers, goods and specifications of goods at our discretion at any time before (but not after) we accept your order.

Vintages Policy

Some of our wines are vintage wines – being wine made from grapes that have been predominately harvested in the same year. There is a finite quantity of each wine vintage. We reserve the right to sell you a different vintage wine from the same vineyard if in our sommelier’s opinion there is no difference in the quality between the vintages. If you are not happy with the substitution you can return in accordance with paragraph 9 (Returns Policy) and receive a refund. We reserve the right to adjust prices, offers, goods and specifications of goods at our discretion at any time before (but not after) we accept your order.

6. The order process

Any sale is concluded when we send you an email thanking you for your order and confirming it has been received and accepted by us (the “Confirmation Email”). You will act on your own behalf and not for any other person when you place an order with us. The contract will only be formed when you have been sent the Confirmation Email by us. Although we will ensure that to the extent possible the products publicised on the application are available, we cannot guarantee this. If an item referred to in the Confirmation Email is actually out of stock, this will be put right in accordance with paragraph 5 (Pricing and availability of products). We do not permit people to collect any order from our premises.

7. Use of Vouchers and Account Credit

What are Vouchers and Account Credits?

We will make available from time to time:

• vouchers — which are promotional credits (“Voucher”) that may be offered by us or businesses which we partner with (“Partners”); and
• account credit — which is credit that may be applied to a customer’s account at our discretion (“Account Credit”). Vouchers and Account Credits (together “Credits”) operate as credits applying to your account, redeemable (subject to conditions) against the cost of items purchased in the App and website. Unless otherwise stated, a Voucher that has been applied to your account will remain there until it is “redeemed” against an eligible order or expires (whichever is sooner). Once any Credit has been applied to your account, the amount of the Credit remains on your account until redeemed as payment for items, unless it is lost, or, in the case of Vouchers, it expires.

Vouchers

Vouchers are usually offered subject to conditions, such as time limits, geographic limits, limits to particular categories of customer (e.g. new customers), or use only with a particular Partner or Brand. If conditions apply they will be stated when we offer the Voucher. Some Vouchers are only available to new Saghi Limited customers (“New Customer Vouchers”). That means that the New Customer Voucher may be applied (subject to any other applicable conditions) automatically when a new customer registers a new Saghi Limited account and will be redeemed when the new customer places their first eligible order. If you register an account using credit or debit card details, name, phone number or email address which is already on our system then a New Customer Voucher will not be applied to that account. Use of a Voucher in payment or part-payment may also be subject to specific conditions applicable to that Voucher only, such as a specific minimum order value or that the Voucher may only be redeemed with specific Partners or on specific goods. If the order placed does not comply with the applicable conditions, the Credit may not be redeemed against that order. The payment page on the App and website where you confirm your order for items will show the total order value and the applicable Voucher, if any. At that point you will have the choice of paying in another way or cancelling the order. Unless we tell you otherwise, all Vouchers must be redeemed within one calendar month of the date they are applied to your account. Only one Voucher can be redeemed per order. Each Voucher can only be used once per customer and Vouchers cannot be redeemed in conjunction with any other Saghi Limited offer. If you cancel an order made using a Voucher, the Voucher credit will not be restored to the account and the Voucher cannot be re-used. If the Voucher was a New Customer Voucher, you will no longer be a new customer and will not be eligible for any subsequent New Customer Vouchers.

Terms that apply to both Vouchers and Account Credit

Some orders may be subject to minimum order values, which continue to apply regardless of whether payment or part-payment is by way of a Credit. Credits cannot be exchanged for cash or any other alternatives and have no monetary value. Any attempt to manipulate the App and website our offers of Credits by use of bulk entry via third parties or syndicates, masking identity by manipulating IP addresses, using identities other than their own or any other automated means, will render any order and the relevant Credit invalid. Saghi Limited is entitled to take all reasonable steps to protect itself against fraudulent or invalid Credit redemptions, including requiring additional reasonable verification or close the accounts of any customers it believes have carried out any such acts. Account Credit must be used before redeeming a Voucher. Saghi Limited may:

• increase, reduce or remove any and all Credits;
• change the date which a Voucher must be redeemed by; in any account at any time without notice and at Saghi Limited’s absolute discretion.

8. Delivery

You must ensure you have given us your correct email address and contact details as this is how we will communicate with you about your order. Please also ensure that you provide an accurate address to ensure that your order arrives to the correct location. Our aim is to ensure you receive your order within 30 minutes to an hour. Unfortunately, things do not always go to plan and factors, such as traffic conditions, driver availability and weather, may occasionally prevent us achieving this objective. We will do our best to ensure that your order is delivered by the time specified in the Confirmation Email. You agree to share with us any relevant information which will speed up the delivery. This includes whether there are one-way streets, non-obvious entrances or temporary roadworks. We will tell you the time when your order is expected to be delivered; you must be available to accept delivery for fifteen minutes before and fifteen minutes after that time.

What happens if a delivery fails?

From time to time a delivery fails (“Failed Delivery”). Reasons for a Failed Delivery include (but are not limited to): you do not come to the door, did not pick up the phone when the driver contacted you using the contact information you have provided us and/or you picked up the phone but then failed to provide access within a reasonable amount of time; the contact information or the delivery address was inaccurate; or the driver refuses to deliver the order to you in accordance with paragraph 4 (Age restriction). In the event of a Failed Delivery which is your fault you will still be charged for your order and delivery costs. We can re-deliver the order but we will have to charge an additional standard delivery fee. You will not be charged for any Failed Delivery which is our fault.

Delivery Zones

Our delivery zones for on-demand product delivery may change from time to time as we expand. Updates to our on-demand delivery zone will be immediately applied to the App without notice.

9. Returns and Cancellation Policy

Returns

You have a legal right to receive goods which comply with their description and which are of satisfactory quality. Our refund procedure described below does not affect your legal rights in relation to such goods. We advise that you inspect the goods promptly at the time of delivery and notify us of any defects. If you wish to return an item which is not as expected we will arrange with you for the item to be returned to us. On receipt of the item, we will promptly and fully refund or provide an Account Credit for the price of any items or arrange for the delivery of replacement goods, unless we have reasonable cause to believe that the problem was caused after delivery. Prior to processing your refund or account credit, we may take into account relevant factors including the details of the order, including your account history, what happened on delivery and information from the driver who delivered the item in question. On very rare occasions a wine may be “corked”. A corked wine is one that has been contaminated with cork taint, and this contamination gives off a very distinct smell and taste. Cork taint occurs in a very small percentage of all natural corks available in the world. If a wine is returned to us on the basis that it is corked, the wine will be examined by our sommeliers. A refund will then be arranged for wine which they confirm has been corked.

Cancellations

If you change your mind about some or all of your order, you may cancel your order up to and including 14 calendar days after the day on which you receive your order and we will arrange to collect the unwanted products and reimburse the appropriate sum paid within 14 calendar days of receipt of the order. However, if you handle the goods whilst they are in your possession in a way which would not be permitted in a shop (for example, by opening a bottle of product or removing a seal or label), we will reduce your refund to reflect the reduction in the value of the goods. Please let us know if you wish to cancel or return an order by contacting us at [email protected] or by using the instant messaging feature in the App and website.

10. Uploading reviews and content

We encourage you to upload reviews of products you have ordered to assist other users with their purchases; your review may include photos and videos of you enjoying the product or other content which you create and upload. If you have included a user photo in your account settings, this will be visible to other users and you consent to this.

Content Standards

These content standards apply to any and all material which you post via the App including your picture and ID cards  (if any) (the “Contributions”), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. Contributions must not:

• contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright or trademark of any other person;
• be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement, computer misuse or underage drinking.

Breach of our Content Standards

Failure to comply with the Content Standards constitutes a material breach of the Terms, and may result in our taking all or any of the following actions:

• immediate, temporary or permanent withdrawal of your right to use our Service and the App;
• immediate, temporary or permanent removal of any posting or material uploaded by you to our Service;
• issuing of a warning to you;
• legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• closure of your account; or
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate. Any Contributions you make will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any part of or all Contributions for any purpose related to our business. To the extent that such Contributions are protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, sell and disclose to third parties any such Contributions for any purpose related to our business. We may curate any Contributions for accuracy and helpfulness at our absolute discretion.

11. Closure of your Saghi Limited Account

You may close your account at any time by contacting us at [email protected] or by using the instant messaging system on the App. Some of your relevant data will be kept for a period of time for the purpose of financial audits, until it is no longer necessary. We may suspend your access to your account, or close it permanently, if we believe that your account has been used by someone else. We may also close your account if in our opinion you are abusing our Service (for example, by applying for refunds or credit to which we do not consider you are entitled, making repeated unreasonable complaints, mistreating our staff, or any other good reason). If we close your account permanently, we will not refund any credit accrued as a result of a Voucher. Refunds for any Account Credit are at our discretion. If we refund any monies it will be by applying a credit to your registered credit card, or if that is not possible for any reason, by way of a bank transfer using bank details (provided you have supplied them to us).

12. Fraud And Crime Prevention

For the purposes of the prevention or detection of offences, and/or the apprehension or prosecution of offenders, we may share any information that we collect with the police, other public or private sector agencies or representative bodies in accordance with the relevant legislation. Information shared in this way will not be used for marketing purposes.

13. Ownership Of The App and website

All elements of the App and App, Website, including underlying platforms, software, look and feel, and other components (“App Components”), to the full extent protectable by law, are either proprietary to Saghi Limited or proprietary to our licensors. Except as expressly set forth in the Terms, no license, assignment, or other grant of rights in any App Components (whether trademarks, copyrights, or any other intellectual property) is granted to you and no such grant will result from your accessing of or use of the App and website. All rights in the App and website Component not granted under the Terms are reserved by Saghi Limited.

14. Warranties and Disclaimers

You expressly acknowledge and agree that (1) your use of the App and website is at your sole risk and (2) the App and website is provided on an “as is” and “as available” basis. Access to the App and website and to the Service is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our App and website or the Service without notice. We will not be liable if, for any reason, our App and website or the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the App and website or the Service, or the entire App and website or Service to users who have registered with us. Commentary, Contributions reviews, tasting notes and other materials posted on the App and website (“Material”) are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on the Material by any user of the App and website, or by anyone who may be informed of any of its contents. Saghi Limited expressly disclaims (and you hereby waive):

• all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, respecting the App and website and respecting any and all products;
• all warranties that Material is not defamatory, infringes copyright, and/or violates the rights of privacy or publicity of any person or entity or violates any law or governmental regulation;
• all warranties that (1) the App and website will meet your requirements; (2) your use of the App and website will be uninterrupted, timely, secure, or error-free; (3) the results that may be obtained from the use of the App and website will be accurate or reliable; or (4) the quality of any products, App and website, information, or other material obtained by you by or through the App and website will meet your needs and/or expectations. No advice or information, whether oral or written, obtained by you from or through the App and website or Saghi Limited shall create any warranty not expressly stated in these terms of use. You understand and agree expressly that Saghi Limited shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Saghi Limited has been advised of the possibility of such damages), resulting from the use or the inability to use the App and website.

15. Liabilities and Indemnities

You shall defend, indemnify and hold harmless Saghi Limited and its directors, officers, employees, representatives and agents (“Related Parties”) against all demands, claims, actions, liabilities, losses, costs, damages or expenses whatsoever, known and unknown (including legal fees) (“Damages”) asserted against, imposed upon or incurred by Saghi Limited and/or any of its Related Parties resulting from or arising out of any violation of the Terms by you, and/or without limitation, any infringement of any third party’s rights by our use of your Contributions.

16. Data Protection

We collect certain data about you as a result of you using the App and website. This is described in more detail in our Privacy Policy which can be found here.

17. Miscellaneous

Saghi Limited may assign these Terms to its successors, licensees, and affiliates. However, because the subject matter hereof is personal to you and your Material, you may not assign this Agreement to any person or entity without Saghi Limited’s prior written consent. No party shall be liable to the other for any delay or non-performance of its obligations under these terms arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in this clause shall excuse the Customer from any payment obligations under these terms. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms shall be governed in accordance with the laws of England and Wales and the parties submit to the exclusive jurisdiction of the English and Welsh courts. These Terms supersede all prior understandings regarding the provision of the App and website and save for any fraudulent misrepresentation represent the complete agreement between you and us. No third party shall acquire rights pursuant to the Contracts (Rights of Third Parties) Act 1999.