Terms & Conditions
Noir Luxury ("Noir Luxury") Membership Rules and Terms and Conditions (referred to collectively as "Terms and Conditions").
As a registered Member of Noir Luxury ("Member"), you agree to abide by these Terms and Conditions, and when ordering anything from a supplier of products or services (a "Supplier") you agree that these Terms and Conditions shall apply to your order.
1. Membership Rules
- You are obliged to provide correct details when you apply for Noir Luxury Membership and your failure to do so may invalidate your Membership and any subsequent transaction. Your responsibility to provide accurate information is a continuing obligation and you must notify Noir Luxury in the event that any information provided by you changes.
- Your Membership is personal to you and your Spouse/Partner. You are responsible for ensuring that no one other than the above, or your personal assistant, where applicable uses your Membership.
- Access to and use of the Members section of the Noir Luxury website ("Site") is through a combination of user name and password and is reserved exclusively for Members. You are solely responsible for maintaining the confidentiality of your user name and password and you agree to notify Noir Luxury immediately if you believe that there has been any breach of security (e.g. the unauthorised use of your name and password).
- You agree that you will only use your Noir Luxury Membership card for the purposes for which it is issued. You must notify Noir Luxury immediately by e-mail at info@noirluxury.co.uk if it is lost or stolen.
2. Membership Benefits
- As a Member of Noir Luxury, you are entitled to all of the benefits set out on our Site. The descriptions of all benefits displayed have been approved by the relevant benefit Supplier.
- As a registered Member of Noir Luxury, please note that Suppliers of benefits and the Benefits themselves are subject to availability and may change from time to time without notice.
- Noir Luxury aims to ensure that the benefits remain available at all times and are constantly negotiating new benefits to ensure that you receive maximum use of your Membership. If any of the benefits become unavailable, we will do all we can to ensure that prior commitments are honoured to the fullest extent possible, but shall not be responsible for any actions of Suppliers outside Noir Luxury's actual control.
3. Using Your Membership
- Noir Luxury reserves the right to withdraw any of these Services and/or to refuse to supply the Services requested.
- If Noir Luxury is unable to deal with any request, it will inform you as soon as reasonably practicable.
- Suppliers are responsible for providing you with the services, products and benefits you select. Noir Luxury will communicate with Suppliers on your behalf unless it is more appropriate for you to contact the Supplier directly.
- Suppliers may impose their own terms and conditions and you are required to comply with these.
4. Travel Services
- Any services including travel tickets and package holidays purchased through Noir Luxury will be subject to the terms and conditions of the travel or holiday operator and the Supplier. Please note that Noir Luxury is not an authorised travel agent or tour operator and only acts as an introductory agent on behalf of the Supplier. All rights and remedies you have are against the relevant Supplier.
5. Liability
- Noir Luxury warrants to you that Noir Luxury shall use its reasonable endeavours to provide the Services with reasonable care and skill and, as far as reasonably possible, in accordance with your request and instructions from time to time. Where Noir Luxury supplies you with any goods or services supplied by a third party, then Noir Luxury is acting as your agent in sourcing the goods or services. Noir Luxury will use reasonable care in selecting the supplier and ensuring the order is placed in accordance with your wishes. For the avoidance of doubt, Noir Luxury does not and will not provide any representations or recommendations in relation to any of the information and suggestions comprised within the Services. You are deemed to be responsible for, and shall use your own skill and judgement as to, the quality, value and suitability of such information and suggestions in relation to deciding whether to enter into any contract with any third party for the supply of services or sale of goods.
- Your contract for the purchase of products or services is made with the relevant Supplier only. Noir Luxury acts as an agent for the Supplier and, unless expressly provided otherwise, all your rights and remedies are against the Supplier. Nothing in these Terms and Conditions is designed to give any other person any rights or remedies under the Contracts (Rights of Third Parties) Act 1999.
- Noir Luxury will not be responsible for products and services offered by Noir Luxury as agents for the Suppliers or for any aspect of the relationship between you and any particular Supplier. Noir Luxury will however do everything it reasonably can to assist you in any dealings you have with the Supplier.
- You agree that any contract entered into by you with any of the Suppliers is an independent contract. Noir Luxury 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 Noir Luxury call centre.
- Noir Luxury accepts no liability for any losses or claims arising from any inability to access the Site or any failure to complete a transaction.
- Save in respect of death and personal injury caused by the negligence of Noir Luxury or as expressly provided for in these Terms and Conditions, Noir Luxury shall not be liable for any loss, cost, expense or damage of any nature whatever (whether direct or indirect) resulting from the provision of the Services or your reliance upon the information and suggestions provided by Noir Luxury hereunder and the resulting supply of goods and services to you by any third party.
- Noir Luxury shall have no liability to you for any loss, damage, costs, expenses or other claims for compensation arising from requests or instructions supplied by you which are incomplete, incorrect or inaccurate or arising from their late arrival or non-arrival, or any other fault of you.
- Noir Luxury shall not be liable to you or be deemed to be in breach of these Terms and Conditions by reason of any delay in performing, or any failure to perform, any of Noir Luxury 's obligations in relation to the Services, if the delay or failure was due to any cause beyond Noir Luxury 's reasonable control.
- Except in respect of death and personal injury and subject to the provisions of these Terms and Conditions, Noir Luxury’s maximum liability to you for breach of any of its obligations hereunder shall be limited to the value of the annual Membership fee and the charge for the Services to be provided.
- Noir Luxury aims to ensure that viruses (or other programs having adverse effects) do not reside on the Site, but Noir Luxury accepts no responsibility in relation to this.
- This section applies only to the extent permitted by law.
6. Changes to these Membership Rules
- Noir Luxury may vary these Terms and Conditions from time to time and will notify you of any changes in a timely manner.
- Your continued use of your Membership constitutes acceptance of the altered Terms and Conditions.
7. Copyright
- Noir Luxury owns or is lawfully entitled to all of the copyright in this Site. All other intellectual property rights are reserved. This Site is for your personal use only - you may not use it for commercial purposes. You may only download to your personal computer for viewing purposes and print out a number of pages of this Site for your personal use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information obtained from this Site.
8. Links
- Noir Luxury assumes no responsibility for the contents of any other web sites to which the Site has links and shall not be held responsible or liable for any loss or damages caused or alleged to have been caused by use of or reliance on any content, products or services available on such hyperlinked sites. Noir Luxury may not have control of such web sites. The inclusion of any hyperlinks to such other web sites does not mean that Noir Luxury endorses the material on such web sites or has any association with the owner thereof.
9. Applicable Law and Jurisdiction
- These Terms and Conditions and your Membership with Noir Luxury are governed by the laws of England and Wales and are subject to the exclusive jurisdiction of the courts of England and Wales.
- The provisions of the "Privacy Promise" shall apply at all times.
10. Contacting Us
- If you have any queries or complaints please write to Noir Luxury, Innovation Forum, Frederick Road, Manchester, M6 6FP
11. Registered Address
- Noir Luxury
- Innovation Forum
- Frederick Road
- Manchester
- M6 6FP