Effective date: 1st July 2020

1. Introduction

Welcome to the Scentful website which is located on www.scentful.co.uk (“Site” or “Website”). This website is owned by Scentful and operated from the United Kingdom. Throughout the Site, the terms “we”, “us” and “our” refer to Scentful. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us (“Customer”), you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the site, including without limitation users who are browsers, customers, merchants, and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES.

By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, our Privacy Policy, or any other of our policies, you should not use the Services.

2. Service Availability

Our site is only intended for use by people/residents in the United Kingdom. We do not accept orders from individuals outside the United Kingdom at the moment.

3. Permitted use

You agree to use our Site, Products, and Services only for purposes that are permitted by these Terms and Conditions and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by Scentful;
  2. Gain unauthorised access to Scentful computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, Scentful networks, and computer systems;
  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose.

We reserve the right to terminate or restrict your use of our service, for any reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under these terms. If we terminate your use of our service as a result of a breach of any obligation under these terms, such termination would be immediate and without notice.

4. Our Products

  • What we provide. Scentful provides a Surprise Designer fragrance subscription box that lets you discover new perfumes.
  • Descriptions of our products. The pictures (and packaging) on our website are for illustrative purposes only. We work to ensure that colours are displayed accurately but we can’t guarantee that a device’s display of the colours exactly reflects those of our products.
  • Sole discretion. We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice

5. Product Warnings

For any use of our product, you are also solely responsible for knowing about any allergies, reactions, skin diseases, and medical conditions you may have and verifying the products and their contents before handling, preparing, using, or consuming such products.

All customers hold Scentful harmless for any harm, injury, or responsibility for harm or injury, resulting from the use of any of our products and services.

YOU ARE SOLELY RESPONSIBLE FOR DETERMINING IF THE PRODUCTS ARE SUITABLE FOR YOUR USE.

6. Eligibility

The purchase of products and services through Scentful is strictly limited to parties who can lawfully enter into and form contracts on the Internet.  To make purchases on the Site you may be required to provide your details and payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you. Scentful reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

Scentful is a wholly independent and separate entity from the manufacturers and brand owners of the designer fragrances we offer. Scentful is not associated in any way with the brand, designer, or designer’s manufacturer.

7. Purchase

All orders are subject to acceptance and availability. Once you have purchased a subscription plan on the Site, you will receive an email acknowledging the details of your purchase. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any product from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

8. Payment

Stripe

Scentful uses a third-party payment service known as ‘Stripe’ to handle payments. Using Stripe allows customers to make payments with their debit and credit card without having to create an account. Stripe accepts payments from these cards:

  • Visa (credit and debit cards)
  • MasterCard (credit and debit cards)
  • Any other payment method accepted by Stripe

We reserve the right to add or change our payment methods at sole discretion anytime. The latest payment method will be displayed on our website.

9. Billing

We will attempt to take payment on the 24th of the month, If this payment fails we will attempt to take payment again after 12 hours for the first attempt, 24 hours for the second attempt, 36 hours for the third attempt, 48 hours for the fifth attempt. After 5 attempts made within 7 days, if payment is unsuccessful after these attempts, that month’s box/subscription will be cancelled and put on hold.

All plans auto-renew at the end of their plan length at the full price until cancelled.

10. Pricing Policy

Prices shown on the Site are in GBP Pounds and are exclusive of taxes.   Sometimes we need to make changes to the price of some of our products and services. When this happens, we’ll update the prices on our website. If you had placed your order for a product before the price change, the price will be as stated on our website at the time when you had placed your order.

11. Product packaging and description

Scentful independently rebottles and repackages original and authentic fragrances sourced from authorised vendors into our own 5ml glass spray bottle. Scentful is not affiliated with, endorsed, sponsored, or supported by any of the brands whose products we supply. All copyrighted Trademarks, logos, and Designer Brand Names are the sole property of the designer, creator, or manufacturer.

12. Subscriptions

Scentful will send a box with a different selection of perfumes or colognes (a surprise) to subcribers/members. The selection of products will change, each month of your subscription. By subscribing to Scentful the Customer agrees to pay the monthly, 3 months, 6 months, or 12 months fees for the box/products provided each month. All plans automatically renew at the end of the subscription term at the full price until cancelled.

13. Delivery

Delivery

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products. The Products will be at your risk from the time of delivery. All orders are delivered through Royal Mail 2nd Class within the United Kingdom.

Delivery charges

Scentful provides free delivery on all orders.

Dispatch

All boxes are dispatched on the 4th of each month or the next business day if the 4th of each month falls on a weekend; Saturday/Sunday or Public Holiday. Customers may receive the boxes on the 7th of each month.

We are not responsible for delays in delivery outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics, or bad weather), we’ll let you know as soon as possible.

Damages

If Customers have received a damaged parcel, missing item, or not received their month’s box, they must notify Scentful support by the 30th of that month. Any fraudulent or repeated claims of damaged boxes or undelivered packages may result in the cancellation of your membership.

14. Refunds/Returns and Cancellation

Refunds/Returns

  • We do not accept Refunds and Return requests for monthly subscription plans.
  • Refund requests may be accepted for 3, 6 and 12-month subscription plans subject to the return of first box unused, sealed and in original condition within 14 days from receiving the box.
  • You may be responsible for the cost of returning the item to us
  • Scentful reserves the right to reject a refund/return request at sole discretion.

Cancellation

  • If you would no longer like to receive your Scentful Box, please send an email to hello@scentful.co.uk stating the email address you signed up with and we will process your cancellation for you. Please ensure you email us at least 12 hours before your next payment is due. Payment is always due on the 24th of the Month.
  • Customers can cancel the subscription plan anytime from their account on the Scentful Site to restrict auto-renewal charges. Customers will receive the monthly fragrance box for the remaining period of the plan which was charged.
  • Customers must allow 12 hours before the next payment is due (24th of the month) to give us time to amend the payment terms and prevent further auto-renewals.

15. Discount Codes

We may provide promotional codes offering a discount on our product. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.

16. Limited License and Site Access; Acceptable Use

We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

17. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. Scentful is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of Scentful. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify Scentful immediately of any breach of security or unauthorised use of your account. Scentful cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

18. Intellectual Property Rights

You agree that the Site, its content, and the products listed, including without limitation any patents, copyrights, trademarks, inventions, or any other intellectual property rights, are owned by Scentful, or our affiliates, partners, or licensors.

Except as set forth in the limited license section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

To inquire about obtaining authorisation to use the Content, please contact us at hello@scentful.co.uk

19. Monitoring Activity

Scentful has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. Scentful has no obligation to display or post any content. Scentful, subject to the Privacy Policy reserves the right to disclose, at any time and from time to time, any information or posted the content that it deems necessary or appropriate, including without limitation to satisfy any applicable, law, regulation, contractual obligation, legal, dispute process, or governmental request. Scentful shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by Scentful or any other party.

20. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SCENTFUL EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. SCENTFUL SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES RESULTING FROM USE OF OR RELIANCE UPON THIS INFORMATION.

21. Limitation of Liability

You agree that in no event shall Scentful be liable to you, or any third party, for any misuse of the products, information, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or Scentful’ secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

22. Indemnification

You agree to indemnify and hold Scentful and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

23. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of the United Kingdom and you hereby submit to the exclusive jurisdiction of the United Kingdom courts.

24. Children

You may not use or engage with our website if you are under sixteen 18 years of age.  If you use or engage with the website and are under 18 years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

26. Privacy & Cookies

For more information on how we collect your information and cookies, please refer to our Privacy Policy and Cookie Policy.

27. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

28. Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

29. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

30. Force Majeure

We will not be liable to you for any lack of performance, or the unavailability or failure, of this website or our services, or for any failure by us to comply with these Terms and Conditions, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

31. Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing. No liability for any damage or injury is accepted in the event of the use of any of the contents for any purpose other than as a date night activity (or equivalent).

32. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and Scentful concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive the Scentful right to act concerning subsequent or similar breaches.

33. Contact Us

For any questions, complaints, and queries or to report any violations, kindly send us an email on hello@scentful.co.uk