TERMS & CONDITIONS

Welcome to Storms of the Emerald Emperor, we are excited to offer you our bespoke perfume set and Louis Mariette Experience.

This Agreement is entered into between Percy Mariette T/A Storms of the Emerald Emperor Parfum, a sole trader established in England and Wales (we, us or our) and you, being the person or entity stated in the Quote (you or your), together the Parties and each a Party. These terms and conditions, the Quote and the Order Form forms the entire agreement under which we will provide the Goods to you (Agreement).

1. Acceptance

You accept this Agreement by the earlier of:

2. Consultations

2.1 In consideration of your payment of the Consultation Fee, we agree to organise a consultation at a date, time and location mutually agreed between the Parties (Consultation).


2.2 During the Consultation, you will have the opportunity to host us at a venue of your choice. Any additional expenses incurred at the Consultation will be at your cost.


2.3 If you expressly request that we organise the Consultation within your 14-day cancellation period, you acknowledge that you will lose your right to cancel within the first 14 days under the consumer laws.


2.4 In the unlikely event that we need to reschedule the Consultation due to no fault on either Party’s part, we will aim to provide you with as much notice as possible.


2.5 If, for any reason, you need to reschedule a Consultation with us, we would appreciate you giving us as much notice as you can, and in any event, at least 48 hours’ notice prior to the Consultation by calling or emailing us.


2.6 If you are more than 15 minutes late to your Consultation and you do not contact us in advance to let us know, the Consultation will be considered cancelled by you without notice. Where you do not provide us with notice to cancel an Consultation in accordance with clause 2.5, or you are more than 15 minutes late to the Consultation, the Consultation Fee will constitute the cancellation fee. You acknowledge and agree that this is a genuine pre-estimate of our loss arising as a result of your failure to give us notice of your unavailability, or attend your Consultation on time.


2.7 If you choose to proceed with an Order, the Consultation Fee paid by you to us will be deducted from the Product Fee due on your first Order only.


2.8 If you choose not to proceed with an Order, this Agreement will terminate upon completion of the Consultation. For the avoidance of doubt, where you do not proceed with an Order, the Consultation Fee will not be refunded to you.


2.9 To the maximum extent permitted by law, and subject to your consumer law rights, the Consultation Fee is non refundable

3. Order Form

3.1 Following your initial consultation, an order form will be provided to you. Information in this order form will include (but is not limited to) specifications of the Goods, what Goods are to be provided, any of your requirements, personalisation requests, and the Price (including the Currency) (Order Form).

3.2 Once the Order Form has been signed by both Parties, it will be binding in accordance with the terms of this Agreement and the Order.

3.3 Each Order Form is subject to, and will be governed by this Agreement and any other conditions expressly set out in the Order Form. To the extent of any ambiguity or discrepancy between an Order Form and this Agreement, the terms of this Agreement will prevail.

4. Supply of Goods

4.1 In consideration of your payment of the Product Fee, we will supply the Goods in accordance with this Agreement and all applicable Laws, whether ourselves or through our Personnel.

4.2 We will do our best to deliver the Goods to you within any timeframes set out in this Agreement. If such timeframes need to change (including due to factors outside of our reasonable control), we will contact you using the details you provided when you placed your Order.

4.3 All variations to the Goods must be agreed in writing between the Parties and will be priced in accordance with any schedule of rates provided by us, or otherwise as reasonably agreed between the Parties. If we consider that any instructions or directions from you constitute a variation to the specifications of the Goods or our obligations under this Agreement, then we will not be obliged to comply with such instructions or directions unless agreed in accordance with this clause.

4.4 Due to the nature of the materials used for the Goods, slight variations between products shown to you during the consultation or images on our website and the Goods delivered to you may be present. Subject to your consumer law rights, you acknowledge and accept that these minor differences in colour, texture or finish are not defects and do not warrant a return or refund, provided the Goods substantially conform to their description.

5. Delivery, Title and Risk

5.1 Title in the Goods will only pass to you on the date that you pay the Price in full in accordance with this Agreement.

5.2 Until such time as title in the Goods has passed to you pursuant to clause 5.1, you must not allow any other person to have or acquire any security interest in the Goods, unless with our prior written consent.

5.3 When the Goods are ready for delivery, we will contact you to arrange a mutually convenient delivery date, time and location to deliver the Goods to you, provided the delivery location is always within mainland United Kingdom. Once the delivery date, time and location is agreed, you agree STORMS OF THE EMERALD EMPEROR PARFUM LLP TERMS AND CONDITIONS CONFIDENTIAL Page 2 of 7 that you will be available at the delivery location at the agreed date and time. You agree that you will notify us prior to the agreed delivery date and time where you will be unavailable. Where you fail to notify us, you agree that you will be responsible for any costs of returning the Goods to our warehouse and any redelivery. You will be required to sign for the delivery, to confirm that the Goods have been delivered to you.

5.4 Risk in the Goods will pass to you once we have delivered the Goods to the agreed delivery location. You will be responsible for the costs of delivery, which is included in the Price set out in the Order Form.

6. Price and Payment

6.1 You agree to pay us the Price and any other amounts due under this Agreement in accordance with the Payment Terms.

6.2 You will not be entitled to any part of the Goods until you have paid the Price in full in accordance with the Payment Terms. VAT: All amounts payable by you under this Agreement are inclusive of amounts in respect of value added tax chargeable from time to time (VAT), unless otherwise stated. Where any taxable supply for VAT purposes is made under this Agreement by us to you, you agree, on receipt of a valid VAT invoice from us, to pay to us such additional amounts in respect of VAT as are chargeable on the supply of the Goods at the same time as payment is due for the supply of the Goods.

7. Warranties and Representations

7.1 Each Party represents and warrants that:

7.2 You represent and warrant that:

8. Allergens

8.1 You represent and warrant that you have reviewed the ingredients list and agree to disclose any known allergies or sensitivities relevant to the Goods on your Order Form.

8.2 You acknowledge and accept that we are not medical professionals and do not provide medical advice. You are solely responsible for determining the suitability of the Goods for your personal use and you should consult a qualified medical practitioner if you have any health concerns or questions about potential allergies or sensitivities.

8.3 To the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against any Liability arising from or in connection with your failure to disclose any allergies or sensitivities to us prior to placing your Order.

9. Confidential Information

9.1 Subject to clause 9.2, each Party must (and must ensure that its Personnel) keep confidential, and not use (except to perform its obligations under this Agreement) or permit any unauthorised use of, information provided by the other Party, including information about this Agreement and the other Party’s business and operations.

9.2 Clause 9.1 does not apply where the disclosure is required by Law or the disclosure is to a professional adviser in order to obtain advice in relation to matters arising in connection with this Agreement and provided that the disclosing Party ensures the adviser complies with the terms of clause 9.1.

9.3 This clause 9 will survive the termination of this Agreement.

10. Privacy

10.1 We will comply with all Applicable Data Protection Law with respect to the transfer or processing of any Personal Data in connection with this Agreement.

10.2 We handle your Personal Data in accordance with our privacy policy, available here .

11. Change of mind returns

11.1 You have 14 days after you accept this Agreement to cancel these Agreement. We agree not to commence the provision of the Consultation during this cancellation period, unless you make an express request for us to do so. You acknowledge and agree that after you have accepted this Agreement, if you instruct us to proceed with the Consultation within this cancellation period, this will be taken to be an express request by you, and you will lose your right to cancel if the relevant Consultation has been fully performed by us. If you exercise your right to cancel under this clause 11.1, you will be liable to pay to us an amount for the relevant portion of the Consultation supplied up to when you inform us that you intend to cancel, which will be proportionate to the full Consultation Fee for the Term.

11.2 We offer refunds for Goods in accordance with this clause 11.

11.3 If: STORMS OF THE EMERALD EMPEROR PARFUM LLP TERMS AND CONDITIONS CONFIDENTIAL Page 3 of 7
11.4 You do not have a right to change your mind in respect of:
11.5 If you want to cancel or terminate this Agreement and request a change of mind return, you should email us using the contact details at the start of this Agreement, and you may use the Model Cancellation Form at Attachment 1.

12. Returning Goods to us

12.1 If you cancel this Agreement for any reason after the Goods have been dispatched to you, you must return them to us. If you are exercising your right to change your mind under clause 11 you must make the Goods available to us for collection without undue delay and in any event within 14 days of telling us you wish to cancel this Agreement.

12.2 You must cover the costs of returning the Goods to us, except if the Goods are faulty or misdescribed, in which case we will pay the costs of return.

12.3 Due to the nature of the Goods, all returns must be packed, collected and transported exclusively by us or our Personnel. You acknowledge and agree that you are not permitted to arrange your own return shipping or use third-party carriers for returns.

12.4 If you are exercising your right to change your mind and returning goods to us, we may reduce your refund of the Price (excluding delivery costs) to reflect any reduction in the value of the Goods, if this has been caused by your mishandling. If we refund you the Price paid before we are able to inspect the Goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

12.5 We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind under clause 11 and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the relevant Goods back from you.

13. Liability

13.1 Nothing in this Agreement limits any Liability which cannot legally be limited, including liability for:
13.2 Subject to clause 13.1, but despite anything to the contrary, to the maximum extent permitted by law:
13.3 This clause 13 will survive the termination or expiry of this Agreement.

14. Term and Termination

14.1 This Agreement will commence on the Commencement Date and will continue until the date on which we have completed the supply of the Goods to you (as reasonably determined by us) (Term).

14.2 This Agreement will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
14.3 Upon expiry or termination of this Agreement:
14.4 Termination of this Agreement will not affect any rights or liabilities that a Party has accrued under it.

14.5 This clause 14 will survive the termination or expiry of this Agreement.

15. General

15.1 Amendment: This Agreement may only be amended by written instrument executed by the Parties.

15.2 Assignment: Subject to clauses 15.3 and 15.16, a Party must not assign, novate or deal with the whole or any part of its rights or obligations under this Agreement without the prior written consent of the other Party (such consent is not to be unreasonably withheld).

15.3 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with this Agreement, to a debt collector, debt collection agency, or other third party.

15.4 Contracts (Rights of Third Parties) Act 1999: Notwithstanding any other provision of this Agreement, nothing in this Agreement confers or is intended to confer any right to enforce any of its terms on any person who is not a Party to it.

15.5 Counterparts: This Agreement may be executed in any number of counterparts that together will form one instrument.

15.6 Disputes: A Party may not commence court proceedings relating to any dispute arising from, or in connection with, this Agreement (Dispute) without first meeting a representative of the other Party within 10 Business Days of notifying that other Party of the Dispute. If the Parties cannot resolve the Dispute at that meeting, either Party may refer the Dispute to mediation administered by The Centre for Effective Dispute Resolution.

15.7 Electronic Execution: This Agreement may be executed using an Electronic Signature. The Parties acknowledge and agree that if a Party executes this Agreement using an Electronic Signature, then the Party is taken to have entered into this Agreement in electronic form and the Electronic Signature is deemed to be an original execution of the Agreement by the Party. “Electronic Signature” means an electronic method of signing that identifies the person and indicates their intention to sign this Agreement, which may include software programs such as DocuSign.

15.8 Entire Agreement: Subject to your Consumer Law Rights, this Agreement contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in this Agreement, and this Agreement supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.

15.9 Force Majeure: Without limiting your right to cancel this Agreement under clause 10, neither Party will be liable for any delay or failure to perform their respective obligations under this Agreement if such delay or failure is caused or contributed to by a Force Majeure Event, provided that the Party seeking to rely on the benefit of this clause:
15.10 Further Assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to this Agreement and their obligations under it.

15.11 Governing Law: This Agreement is governed by the laws of England and Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in England and Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.

15.12 Intellectual Property: Nothing in this Agreement constitutes a transfer or assignment of one Party’s Intellectual Property Rights to the other Party.

15.13 otices: Any notice given under this Agreement must be in writing addressed to the addresses set out in this Agreement, or the relevant address last notified by the recipient to the Parties in accordance with this clause. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.

15.14 Relationship of Parties: This Agreement is not intended to create a partnership, joint venture, employment or agency relationship between the Parties. STORMS OF THE EMERALD EMPEROR PARFUM LLP TERMS AND CONDITIONS CONFIDENTIAL Page 5 of 7

15.15 Severance: If a provision of this Agreement is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from this Agreement without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.

15.16 Subcontracting: We may subcontract the supply of any part of the Goods without your prior written consent. We agree that any subcontracting does not discharge us from any liability under this Agreement and that we are liable for the acts and omissions of our subcontractor. 15.17 Waiver: Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to this Agreement does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right. A waiver must be in writing and will be effective only to the extent specifically stated.

16. Definitions

In this Agreement, unless the context otherwise requires, capitalised terms have the meanings given to them in the Quote or the relevant Order Form, and:
Agreement means these terms and conditions and any documents attached to, or referred to in, each of them.
Applicable Data Protection Law means the laws and regulations applicable to the processing of Personal Data by the Parties in connection with this Agreement, including without limitation, the Data Protection Act 2018.
Business Day means a day on which banks are open for general banking business in England, excluding Saturdays, Sundays and public or bank holidays.
Commencement Date means the date this Agreement is signed by the last of the Parties.
Consultation Fee means the fee for the Consultation, as set out in the Quote.
Consumer Law Rights means any legislation, including the Consumer Rights Act 2015, and similar consumer protection laws and regulations, that confer consumers with rights, warranties, guarantees and remedies relating to the supply of the Goods by us to you which cannot be excluded, restricted or modified.
Goods means the goods to be supplied as set out in the Order Form, as adjusted in accordance with this Agreement.
Force Majeure Event means any event or circumstance which is beyond a Party’s reasonable control including but not limited to, acts of God including fire, hurricane, typhoon, earthquake, landslide, tsunami, mudslide or other catastrophic natural disaster, civil riot, civil rebellion, revolution, terrorism, insurrection, militarily usurped power, act of sabotage, act of a public enemy, war (whether declared or not) or other like hostilities, ionising radiation, contamination by radioactivity, nuclear, d illness, quarantine or government sanctioned ordinance or shutdown, pandemic (including COVID-19 and any variations or mutations to th chemical or biological contamination, any widespreais disease or illness) or epidemic.
Intellectual Property Rights or Intellectual Property means any and all existing and future rights throughout the world conferred by statute, common law, equity or any corresponding law in relation to any copyright, designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information, circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing, whether or not registered or registrable.
Law means all applicable laws, regulations, codes, guidelines, policies, protocols, consents, approvals, permits and licences, and any requirements or directions given by any government or similar authority with the power to bind or impose obligations on the relevant Party in connection with this Agreement or the supply of the Goods.
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), misrepresentation, restitution, indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a Party to this Agreement or otherwise.
Order means an order for the supply of the Goods, issued in accordance with clause 3.
Payment Terms means the payment terms for paying the Price, as set out in the Quote or Order Form.
Personal Data has the meaning given to it in the Data Protection Act 2018.
Personnel means, in respect of a Party, any of its employees, consultants, suppliers, subcontractors or agents, but in respect of you, does not include us.
Price means the Consultation Fee and the Product Fee as set out in the Quote or relevant Order Form.
Product Fee means the purchase price of the Goods, as set out in the Order Form.
Quote means the quote (including any online quote) to which this Agreement is attached or incorporated by reference.

17. Interpretation

In this Agreement, unless the context otherwise requires: