These Terms and Conditions govern your use of
this web site. Your use of this web site indicates your acceptance of these
Terms and Conditions. Scent Haven may from time to time amend, update or change
this web site including Terms and Conditions without prior notice. Herein any
information or images contained on the website will be collectively referred to
as “The Site”.
Products and Product
Information
We attempt to be as accurate as possible when
describing our products on The Site. However, to the extent permitted by
applicable law, we do not guarantee that the product descriptions, colours,
sizes, prices or other content available on the Site are accurate, complete,
current, or error-free.
All material and information presented by Scent
Haven is for personal education or information purposes only. The statements
made about products have not been evaluated by the Therapeutic Goods
Administration. All products should be used strictly according to instructions,
precautions and guidelines given. You should always check ingredient lists to
avoid potential allergic reactions. Please consult with healthcare
professionals regarding the use of any goods, products or information received
from The Site before using or relying on them. Healthcare professionals should
address all medical questions, concerns and decisions regarding the possible
treatment of any allergic reactions. Scent Haven does not give, nor intend to
give, any answers to medical related questions, and this site does not replace
any medical professional or medical resource.
The products available on The Site, including
any samples Scent Haven may provide to you, are for your personal use only. You
may not sell nor resell any products you purchase or otherwise receive from Scent
Haven. Unless otherwise prohibited by law, we reserve the right to change or
substitute any products offered for sale on The Site, and the prices or
descriptions of any products, at any time without any notice or liability to
you or any other person. We reserve the right to limit quantities of products
sold or made available for sale on The Site and to decline any purchase.
Intellectual Property
and
Trade Marks
You agree that The Site and its contents,
including without limitation any patents, copyrights, trademarks, inventions or
any other intellectual property rights, are owned by Scent Haven, our
affiliates, partners or licensors.
Copyrights: All content available on the Site,
including but not limited to text, graphics, logos, buttons, icons, images,
audio, video, data compilations and software, and the compilation thereof, is
the copyright and property of Scent Haven, our affiliates, partners or
licensors and is protected by Australian and international copyright laws.
Trademarks: The trademarks, service marks,
logos, slogans, trade names and trade dress displayed on The Site are the
registered and unregistered marks of Scent Haven, our affiliates, partners or
licensors, in Australia and other countries, and are protected by national and
international trademark laws.
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.
Site Promotions
From time to time, Scent Haven may offer
certain special promotions, features, or events (such as contests, sweepstakes
or other offerings) (collectively, “Promotions”). These Promotions may be
subject to additional terms or, in place of these terms, may be offered by us
or by third parties. We will disclose details for such Promotions (such as
eligibility requirements, dates of availability, contents of the Promotion,
etc.) when appropriate. If you choose to take advantage of any promotion, you
agree that your participation will be subject to such additional terms or other
guidelines, rules, and/or policies.
Your Account
You may choose to create an account on The
Site by registering with us or using third-party sign on services. If you use a
third-party sign on service, you expressly authorise Scent Haven to access your
account information held by identified third-party data service providers in
connection with your use of The Site. Your registration is subject to our
review and approval. We reserve the right to withdraw approval of your
registration at any time for any reason. In registering an account, you agree
to provide, maintain, and update information that is true, accurate, current,
and complete about yourself.
When you register an account, you will select
an email address/username and password to be used to access your account. You
are responsible for maintaining the confidentiality of your account, username
and password and for restricting access to your account. You agree to accept
responsibility for all activities that occur under your account username and/or
password. We reserve the right to refuse service and/or terminate accounts
without prior notice if you violate these terms or if we decide, in our sole
discretion, that it would be in our best interests to do so.
Subscriptions and
Orders
The products and subscriptions available on The
Site can only be delivered to the countries that are displayed on The Site. It
is your responsibility to provide us with the correct shipping information and
to update shipping information when required.
(a) Subscription. (i) The Site may offer
certain products or services that require you to purchase a subscription for a
period of time as specified during the purchase (collectively a
“Subscription”). Your Subscription, which may start with a price promotion,
will automatically continue on a Subscription-to-Subscription basis unless you
cancel your Subscription or we terminate it. We reserve the right to revoke
your subscription at any time as a result of a violation of these Terms or the
privacy policy. Membership is void where prohibited by law. (ii) Scent Haven
may offer special promotions with differing conditions and limitations. Any
materially different terms from those described in the Terms of Use will be
disclosed at sign-up or other communications made available to you.
(b) Billing (i) Payment Methods. In connection
with all orders or Subscriptions that you select to purchase you must provide
us with a current, valid, accepted method of payment, which may change from
time to time ("Payment Method"). All Subscriptions and purchases are
subject to the Terms of Use and any additional terms and conditions, including
any fees, imposed by your financial services provider and/or mobile carrier, as
applicable. By providing your account information in connection with any
Subscription or purchase you hereby authorise Scent Haven to debit the total
cost of said Subscription and/or purchase and agree to be responsible for all
associated charges, including any applicable taxes. Should the payment method
for which you are responsible fail at the time payment is required, you will be
responsible for all costs and fees associated with any and all efforts by Scent
Haven, or otherwise in connection with Scent Haven's efforts, to be paid such
amounts due, including but not limited to any attorney fees and other legal
expenses.
(c) Cancellation. IF YOU WISH TO CANCEL YOUR
AUTOMATIC SUBSCRIPTION RENEWAL, YOU MAY DO SO BY visiting your Account Page Or
by emailing us. Scent Haven will make reasonable efforts to process
cancellation requests within 10 business days from the receipt of the
cancellation request. If you cancel, you may use your Subscription until the
end of your then-current subscription term which has been paid in full.
Return and Refund
Policy
(a) Subscription returns/swaps. There are no
returns or swaps for products shipped according to a current subscription. If
your subscription is for a three, six, or twelve-month period, you can change
your preferences for the next shipment provided that your changes are made no
later than the first of the month.
(b) Subscription cancellation. If you cancel
your Subscription, you will not be eligible for a refund of any kind for the
portion of the Subscription fee paid, however you will be entitled to receive
shipments until the end of your then-current Subscription term which has been
paid in full. Renewal Subscriptions are eligible for a full refund if the
refund request is received by Scent Haven within 30 days of your first
automatic renewal payment.
(c) Extra items. We also offer additional
products for sale on www.scenthaven.com.au (such as extra cases).
Unfortunately, we don't offer refunds or returns on these items.
Product Guarantee
and Packaging
All of the products available on The Site are
genuine designer fragrances and beauty products. Our Site has absolutely NO
imitations or knock-offs. HOWEVER, WE ARE NOT ASSOCIATED WITH THE DESIGNER OR
THE DESIGNER'S PERFUME MANUFACTURER IN ANY WAY AND HAVE NO AGREEMENT OR
ARRANGEMENT WITH THEM AUTHORISING US TO REPACKAGE THE PERFUME.
Third Party Links
The Site may contain links to websites or
other online locations operated by other parties. We provide these links as a
convenience, and use of these websites or other online locations is at your own
risk. The linked websites or other online locations are not under the control
of Scent Haven, and we are not responsible for the content available on other
websites or online locations. These links do not imply Scent Haven’s
endorsement of information or material on any other website or online location
and Scent Haven disclaims all liability with regard to your access to and use
of the links or linked websites or other online locations or content. You
should carefully review the terms and conditions and privacy policies of all
linked websites and other online locations that you visit.
Social Media
Our Site may contain social media features
such as the Facebook Like button and widgets for other social media such as
Pinterest, Twitter, Youtube, and Instagram. These social media features may
collect your IP address, which page you are visiting on our site, and may set a
cookie to enable the feature to function properly. Social media features and
widgets may be either hosted by a third party or directly on our site. Your
interactions with these features are governed by the Privacy Policy and terms
of use of the company providing the feature or widget. You should carefully
review the terms and conditions and privacy policies.
Disclaimer of Warranty
The Site and all content on The Site are
provided to you on an "as is, as available” basis without warranty of any
kind. We make no representations or warranties that use of The Site will be
uninterrupted or error free, or as to any results that may be obtained by use
of The Site. To the extent permitted by applicable law, we disclaim all
warranties, express or implied, including but not limited to, any implied
warranties of merchantability, fitness for a particular purpose, or
non-infringement. We make no warranty as to the accuracy, completeness, reliability
or availability of The Site or any content available through The Site. You expressly
agree that your use of The Site is at your sole risk. Scent Haven reserves the
right to change any of the material on this web site at any time.
Limitation of
Liability
To the extent
permitted by law, Scent Haven's liability in relation to any product purchased
as a consequence of your use of this web site is limited to the lesser of: (a)
the replacement of any product purchased; and (b) the purchase price paid by
you to Scent Haven for the product. To the extent permitted by law we will not
be liable for any direct, incidental, consequential or indirect damages, loss
or corruption of data, loss of profits, goodwill, bargain or opportunity or
loss of anticipated savings resulting from your access to, use of, or inability
to use this web site and the content, whether based on warranty, contract,
tort, negligence or any other legal theory, and whether or not we know of the
possibility of such damage. If a jurisdiction does not allow the exclusion or
limitation of liability in accordance with this paragraph but allows a
limitation of a certain maximum extent, then our liability is limited to that
extent.
Governing Law
The laws of the
State of New South Wales and the Commonwealth of Australia govern this web
site.
This web site may
be accessed throughout Australia and internationally. Scent Haven makes no
representations nor warranties that the content of this web site complies with
the laws (including intellectual property laws) of any country outside
Australia. If you access this web site from outside Australia, you do so on
your own authority and you alone are responsible for ensuring compliance with
all laws in your locality.
Indemnification
You agree to indemnify, defend and hold Scent
Haven, its subsidiaries, affiliates, partners or licensors, and their
respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys’ fees, due to or
arising out of: (a) any content or materials submitted to The Site by you; (b)
your material, uncured breach of these Terms or the Privacy Policy, any
applicable laws that protect us, or our legal rights or those of any third
party whose legal rights your actions have damaged; and (c) all activities that
occur under your account, username and/or password.
Termination
You may terminate these terms by providing
written notice to us. Upon such termination, you shall cease all use of The
Site and we shall be permitted to delete your account and all information
associated with your account.
We may, with or without prior notice,
terminate any of the rights granted by these terms. You shall comply
immediately with any termination or other notice, including, as applicable, by
ceasing all use of The Site.
Shipping
Policy
First
Month: Your first Scent Haven package should ship from our facility within seven
days of your subscription order, though delivery times may vary from 7 to 10
days due to the great care we put into delicately packaging each fragrance.
