E-commerce Terms and Conditions
Terms and Conditions of Sale. This legal notice applies to all purchases made by you through the website under the domain name www.perfumista.co.uk (the “Site”). By offering to purchase products through the Site you are entering into an agreement with Perfumista (henceforth referred to as “Perfumista”) on the terms and conditions set out below.
1. Product Specifications on the Site of the products to be supplied by Perfumista are not intended to be binding and are intended only to give a general description of the products. Perfumista reserves the right to make any changes in the specification necessary to comply with any applicable legal requirements and to change the specification published on the Site provided that this does not materially affect the quality or performance of the products. Perfumista warrants the products will substantially comply with their description. In all other respects, and to the maximum extent permissible, Perfumista makes no other warranties or promises about the products, and any implied warranties are excluded.
2. Availability, Prices and Information. Perfumista does not promise that products are necessarily available, and all products are offered for sale subject to availability. The price of the products shall be the price listed on the Site on the date of your order (inclusive of VAT but exclusive of delivery charges which are payable by you). All prices displayed on the Site are quoted in UK Pounds Sterling and must be paid in full, including delivery charges, except where discounts are offered as detailed on the Site.
3. Ordering. When you click on the [Submit Order] button on the [Check Your Order] page Perfumista will treat the order as an offer by you to purchase the products subject to these terms and conditions of sale. You are responsible for ensuring the accuracy of your order and if Perfumista accepts your offer they shall supply you, subject to availability, with the quantity and specification of products set out in your order. If Perfumista accepts your offer they shall confirm each order on-line via the internet or by e-mail and such confirmation shall be Perfumistas acceptance of the contract between the parties.
4. Personal Data. Perfumista is registered under, and will process your personal data in accordance with, data protection legislation. Any personal data that is provided to Perfumista in the course of any transaction with you (with the exception of any credit card details which shall be kept confidential) shall be processed in accordance with Perfumistas general terms and conditions of use of the Site.
5. Delivery. All products will be delivered to the address that you register on the payment page. We may, at our discretion, cancel and refund orders where the registered name and/or address differs from the desired delivery name and/or address. All risk of damage to or loss of the products shall pass to you at the time of delivery even if the products have not been received by you in person. Any times quoted for delivery are approximate only and Perfumista shall not be liable for any delay in delivery of the products howsoever caused. Postage & packing charges are passed on at cost, you should select your correct delivery zone from the drop-down menu. If you select the wrong geographical zone we reserve the right to amend your order and charge you / refund you accordingly.
6. Cancellation and Returns Perfumista wants you to be totally satisfied with the products and allow a 14 day ‘cooling off’ period from the day you receive the goods. During this period you can notify us that you wish to cancel your contract with us and a FULL refund be given upon return of the goods to us, including any original delivery charges. Perfumista will confirm any cancellation by email and will repay to you the cost of the products within 30 days from receipt of your cancellation. In order to obtain the refund the goods must be returned to us. Please enclose a copy of your order confirmation and your reasons for return. In order to be returned goods must be sealed within their original packaging as supplied. Once the packaging has been opened this will be considered as acceptance of the order and that the cooling off period is no longer applicable.
7. We will not refund return postage costs unless the products are faulty. You may not cancel or return your order if it is for:
(a) Products, the price of which is dependent on fluctuations in the financial market which cannot be controlled by Perfumista;
(b) Products which are made to your specifications or clearly personalized;
(c) Products which been manufactured / purchased / imported by Perfumista especially to fulfil large order quantities, sales of products purchased in bulk (i.e. 6 or more units of one item) are final;
(d) Products which have been used;
(e) Products which have been removed from their packaging or which have been unsealed by you;
(f) Goods deemed by the government that by their very nature they cannot be returned include all consumable items; food, perfumes, cosmetics and toiletries. These items cannot be returned for either a refund or exchange. This includes items to which you may have a personal allergy, you are advised to test new products on your skin as legally Perfumista is not allowed by law to accept back any comestible items due to health and safety restrictions and the possibility of tampering. This policy complies with current legislation and does not affect your statutory rights.
8. Changes to the Terms and Conditions of Sale. Our terms and conditions of sale may be changed. Please review them regularly. If you continue to use the Site after a change has been made you are deemed to have accepted it.
9. Comments and Complaints. If you have any comments or complaints to make about purchases made through the Site please send them to firstname.lastname@example.org
10. Fragrance Disclaimer. Perfumista are not affiliated with, endorsed, sponsored or otherwise supported by any of the brands whose products we supply. All logos and banners that are used on this website relating to any brand are the property of that brand. Under no circumstances will we ever replicate, duplicate or copy any brand logo or trademarks nor infringe on intellectual property rights of these companies. The Perfumista website will always clearly display to customers that the products for which this disclaimer applies are assembled using genuine fragrance products manufactured by the original and intended property owner. The end product which is offered, unless otherwise stated, will be genuine fragrance contained within packaging of our own.
11. We reserve the right under the Sale of Goods Act 1970 to refuse service. Items are offered as an invitation to treat. A payment received that is refunded is not an acceptance of the intention to create a legal relationship.
12. Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
a. for any unlawful purpose
b. to solicit others to perform or participate in any unlawful acts
c. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances
d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
f. to submit false or misleading information
g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
h. to collect or track the personal information of others
i. to spam, phish, pharm, pretext, spider, crawl, or scrape
j. for any obscene or immoral purpose
k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
13. Disclaimer of Warranties and Limitation of Liability. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Perfumista, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
14. Indemnification. You agree to indemnify, defend and hold harmless Perfumista and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
15. Law and Jurisdiction. These terms and conditions of sale shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to the Site shall be subject to the exclusive jurisdiction of the courts of England and Wales. If any of these terms or conditions of sale should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.