• Stroke 1 Created with Sketch. Free Delivery
    On all orders
  • Document_Scroll_2 Created with Sketch. No Contracts
    Cancel anytime
  • Wallet_Cash Created with Sketch. Save On Big Bottles
    £12 off the largest size
  • Perfume Created with Sketch. The Biggest Brands
    over 250 fragrances

Terms & Conditions

These Terms of Use, and any documents referred to herein, set out the terms and conditions on which you are permitted to use our websites, www.scentaddict.com and www.thefragranceshop.co.uk and www.indulgebeauty.com (our websites). By using our websites, you agree to be bound by, and to comply with, these Terms of Use.

The effective date of these Terms of Use is 10th May 2018.

Please read these Terms of Use carefully. We recommend that you print off a copy of these Terms of Use and any future versions in force from time to time for your records. If for any reason whatsoever you do not agree to these Terms of Use or do not wish to be bound by them, you must not access or use our website.

Things You Will Want To Know


1. Our Details

1.1 The Fragrance Shop (TFS Stores Ltd) (we, our and us) operates the website.

1.2 The Fragrance Shop (TFS Stores Limited) is a limited liability company incorporated in England and Wales (company number 06789842). Our registered address is Churchill Point Lake Edge Green, Trafford Park Road, Manchester M17 1BL. Our VAT registration number is GB927568090.

1.3 Our contact telephone number is +44 (0) 161 468 7835 and our contact email address is customerservice@scentaddict.com.

2. Delivery

You need to report to us within 10 days of dispatch if your item has not been received to enable us to investigate the matter with our couriers. Failure to do so will prevent us from resolving the issue for you.

We use Hermes tracked and Royal Mail 2nd Class delivery services. Delivery in the UK takes 2-5 working days. Orders are usually dispatched within 1-2 working day of being placed. Our address labels are created automatically based on the address which you enter.

Please note we cannot deliver on UK Bank Holidays; please plan accordingly.

Deliveries to the British Highlands, Islands and Northern Ireland may take slightly longer than stated.

During periods of severe weather conditions (floods, gales and snow) all of our delivery methods may take longer than expected. In these circumstances, we aim to keep our customers abreast of the situation and will amend our delivery estimates accordingly. However we advise all of our customers to plan their orders with plenty of time, especially when forces beyond our control come in to play.

3. Delivery Charges

Within the UK, delivery is FREE on all orders.

We currently only deliver to UK addresses.

For further information on delivery charges not mentioned on our web site, please contact us.

4. Re-delivery Charges

Please ensure that the delivery address you enter is correct. Goods that are returned to us will incur a further delivery charge.

5. Temporarily Out Of Stock Items

We update our web site regularly with stock that we have available however, if you order an item and it is out of stock (may be due to unprecedented demand) then we will refund you the amount for the item and any associated services.

6. Returns Policy

You are responsible for checking that goods are correct when you receive them without opening them or removing the cellophane wrapper.

If you receive an item that is faulty or incorrect, you must notify us within 72 hours. We will repair or replace the goods or refund your payment, as appropriate.

You must retain all original packaging, including outer packaging, to use if returning the goods. If the goods are incorrect you must return them unused and in the same condition as they were despatched.

For full information about how to return an item, please view our FAQ page.

7. Cancellation Of Your Order

You have the right to cancel your order within 7 days of receipt of goods. This cancellation period commences the day after the day you receive the goods.

To cancel your order, please write a letter or send an email stating that you wish to exercise your right to cancellation, including your full name, address, and order number. Your item must be re-packaged securely and sent so that it reaches us within seven working days of the date that your order was delivered to you.

Please note that you will be responsible for the costs of returning the goods to us unless we delivered items to you in error or the item is faulty. If you do not return the item within seven working days, we may arrange for collection of the item from your residence at your cost.

If you cancel your order after the delivery process has started you will be liable for any services included in the order such as postage & packing and/or gift wrapping. Upon receipt of notice of cancellation, we will refund the relevant part of the purchase price for the products in your order within 30 days.

8. Undelivered Items

If an item fails to arrive with you after being dispatched by ourselves we have to wait 15 working days (10 working days for next day delivered items) from the date of dispatch before we can offer a refund or redelivery of that item.

This is due to the fact our couriers will not consider an item lost until this point, so it is still likely that the item will still arrive.

If the item doesn’t arrive within this period, we will ask you to sign and return a form confirming that you have not received your order before we process a refund or a redelivery.

Please note that any non-delivered items must be reported to us in writing or email within 10 days of despatch. Any issue reported to us outside of this time period will not be able to be refunded or replaced.

9. Vouchers, Promotions And Competitions

From time to time, we (or selected third parties) may include competitions, promotions, vouchers or other offers on the website. Each such offer and or voucher shall be subject to its own express terms, however, each offer or promotion will be subject to availability at all times, and cannot be used in conjunction with any other voucher or offer. Expiry dates will be clearly displayed. It will also be displayed whether or not this offer is redeemable online/in-stores. Your statutory rights are not affected.

Coupons, discounts and promotional discount codes offered in high-street Scentaddict stores are valid only for use as part of a purchase made in our stores, unless otherwise stated.

Vouchers and promotions entitle customers to a discount off the current selling price of any product at scentaddict in a single transaction. To redeem online, enter the code in the voucher code box at checkout. One code per transaction, maximum 5 units per purchase. No cash alternative will be offered. Promoter has the right to refuse invalid offer codes. Promoter reserves the right to amend or withdraw the offer at any time.

Entrants from the UK and NI only - any entrants from outside these regions will be disqualified and prizes are none transferable. scentaddict reserves the right to substitute any of the products listed for ones of similar market value. Scentaddict reserves the right to amend and/or withdraw the competition at any time without prior notice. Social Media winner’s names and towns are available by sending a SAE to ‘Social Media Competition’, scentaddict, Unit 6, Premier Park, Acheson Way, Trafford Park Road, Manchester, M17 1GA within 60 days of the competition closing.

10. Website Images, Descriptions And Pricing

We undertake all reasonable care to ensure that all the details, prices and descriptions of website products are accurate at the time when the appropriate information was entered onto our system (E&OE).

Whilst we endeavour to keep the website as up-to-date and accurate as is possible, there may be rare occasions when the information on the website (including product descriptions, stock and pricing) at a certain time may not reflect the position exactly at the point an order is placed.

Free gifts with purchase are subject to availability. On rare occasions, free gifts may be advertised when they are no longer available. In these instances, we reserve the right to offer no replacement item.

All product photography is for illustrative purposes only, and the actual item may vary in colour, design and product size.

11. Formation Of A Binding Contract

Scentaddict considers an order to be a binding contract from the point of that order being dispatched to you from our warehouse. Until that point we reserve the right to cancel the contract at any time. If we chose to end this contract we will notify you in writing as soon as possible and refund any transactions within 7 working days.

12. Bulk Orders

Our agreements with the major brand houses include clauses where we agree not to sell cosmetics and fragrance on for the purpose of resale. Where we suspect that customers are buying large numbers of items for the purposes of reselling them, we reserve the right to cancel these orders at any point up the item being dispatched. Due to this restriction, we reserve the right to cancel any orders of 5 or more units.

13. Gift Cards

Activated gift cards can be redeemed in full or part payment for any goods in Scentaddict stores or online.

The gift card cannot be exchanged for cash or any other vouchers.

The balance of your gift card can be checked in-store or online.

No change will be given as part of a gift card transaction, but any remaining balance can be used for future purchases.

In the event that the balance on the card is not redeemed after 12 consecutive months the gift card will automatically expire and the remaining balance will be cancelled.

Scentaddict cannot replace or reimburse the card if it is lost or stolen.

You are not able to top-up an existing gift card online (this must be done in-store) and expired or de-activated cards cannot be re-used.

In the event you would like to cancel an order where you have used a Gift Card as payment or you have any questions or concerns please contact customer service.

We reserve the right to amend these terms and conditions. Any change will be notified on our website.

14. Discounting

Please check the separate terms and conditions for the individual codes.

15. Flash Sales

Please note that discounts for Flash sales will be automatically applied at checkout during the specified times of the promotion. Online times may differ to the in-store times so please do check before you visit to avoid missing the promotions. The automatically applied code cannot be used in conjunction with any other codes or offer. Maximum of transactions per customer. Discount cannot be used against gift cards or Creed and Escentric Molecule products.

16. Free Gift Over Promotion

Subject to availability whilst stock last. This promotion is not valid on Chanel fragrances.

17. Newsletter Sign Up

Sign up to our newsletter to receive voucher codes and offers. Offers cannot be used in conjunction with any other discount codes. One code per transaction, maximum 5 transactions per customer. Offer valid online only and will only be valid once. Discount cannot be used against gift cards or Creed and Escentric Molecule products. By signing up for our newsletter, or, on registering for an online account and agreeing to receive our money-off discounts & promotions, you are agreeing to receive them by email or SMS.

The More Detailed Legal Part

18. Your Responsibility For Others Who Access Our Websites Using Your Device(s) Or Internet Connection

You must ensure that any persons who access our websites on your computer(s) or device(s), or who are permitted or able to access our websites on your computer(s) or device(s), or using your internet connection, are aware of these Terms of Use and all other documentation referred to in them, and that such persons also agree to be bound by and to comply with these Terms of Use. If for any reason whatsoever, such persons do not agree to these Terms of Use or do not wish to be bound by them, they must not access or use our websites.

19. Other Documents Governing Your Use Of Our Websites

19.1 In addition to these Terms of Use, your use of our websites are also governed by the following documents:

(a) Our privacy policy, which is available at https://www.scentaddict.com/privacy-policy. Our privacy policy governs our use of your personal information. It sets out the types of personal information we collect, the reasons we collect it, how we use it, where we may pass it on to any third parties, in what circumstances and for what reasons, and any other relevant information relating to our use and/or processing of your personal information and your rights in relation to your personal information.

(b) Our cookies policy, which is available at https://www.scentaddict.com/cookies-policy/. Our cookies policy governs our use of cookies and similar technologies on our websites. It sets out the types of cookies we use, the purposes for which we use them, the circumstances in which we may place cookies on your computer, device or browser, and other relevant information relating to cookies, such as how to change your browser preferences and settings to accept or reject cookies.

(c) Our terms of sale govern any purchases or orders you make for goods or services on our websites. They set out the status of any orders placed, the contract terms relating to delivery and performance of those orders, any exclusions that apply to you and other relevant terms relating to our supply of goods, services or digital content.

19.2 By accessing and using our websites, you agree to be bound by the terms and conditions contained in these Terms of Use, you consent to our processing of your personal information in accordance with our privacy policy, and you consent to our use of cookies in accordance with our cookies policy.

19.3 If you do not consent to the practices set out in these Terms of Use, our privacy policy and/or our cookies policy, you must not use our websites.

20. Availability Of Our Websites

20.1 We make no representations and provide no warranties that:

(a) the websites will be made available at any specific time or from any specific geographical location;

(b) your access to the websites will be continuous or uninterrupted; or

(c) the websites will be accessible or optimised on all browsers, computers, tablets, phones or viewing platforms.

20.2 We reserve the right to suspend access to all or part of the websites for any reason, including for business or operational reasons, such as improving the appearance or functionality of the websites, content updates, periodic maintenance, or to resolve any issues that we become aware of. Wherever we anticipate that we need to suspend access to the websites for a considerable period of time, we will try to provide you with prior notice where reasonably practicable.

20.3 Our websites are provided for users in the United Kingdom only. Although it may be possible to access the websites from other countries, we make no representation that our websites are compliant with any legal requirements in force in any jurisdiction other than the United Kingdom, or that the content available on the websites will be appropriate for users in other countries or states.

21. Changes We May Make To These Terms Of Use And Other Documentation

21.1 We reserve the right to update these Terms of Use, our privacy policy, our cookies policy and any other documentation referred to in any of these documents from time to time. We may change our Terms of Use and other documentation for any reason, including:

(a) to reflect any changes in the way we carry out our business;

(b) to account for any changes we make to our websites, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we provide notices to you, or any changes in the content, purpose or availability of the websites;

(c) to accurately describe our current data-processing activities so that you are kept up to date with our latest practices;

(d) to inform you of any changes in the way that we use cookies or similar information-gathering technologies; or

(e) to ensure that our documentation complies and remains compliant with any and all current and future applicable laws, regulations and official guidance.

21.2 If required by law, we will provide you with notice of any changes in these Terms of Use or the other documentation referred to in them by posting a notice on the websites and/or by posting an updated version of these Terms of Use or other such documentation on our websites with a new effective date stated at the beginning of them.

21.3 By continuing to access our websites after we have updated our Terms of Use, our privacy policy and/or our cookies policy, you agree to be bound by that updated version.

21.4 You must check these Terms of Use and all other documentation referred to in them each time you access our websites in order to ensure that you are aware of the terms that apply to you at that time.

21.5 The date that these Terms of Use and/or any other documents (including our privacy policy and cookies policy) were last amended is set out at the top of that document and is described as that document’s “effective date”.

22. Your Account Details

22.1 If we provide you with account information such as a user name, identification number, account code and/or password, you must keep such information confidential and secret and not disclose it to anyone. All account information is provided for use of the named account holder only, and not for any other person. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your account information to any third party.

22.2 Where we provide you with the option to select your own login information, including a password, we recommend that you supply login information unique to your own use of this websites, and do not use information from other accounts you may hold with other websites or any easily discoverable personal information. You are responsible for any consequences of unauthorised access to your account due to any disclosure of your login information to any third party.

22.3 You must never use another user’s account without permission. When creating your account, you must provide accurate and complete information. You agree that you will not solicit, collect or use the login credentials of other individuals. We prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. You also represent that all information you provide to us upon registration and at all other times will be true, accurate, current, and complete. You agree to update your information as necessary to maintain its truth and accuracy.

22.4 We reserve the right to withdraw access to your account without notice for any actual or suspected breach of these Terms of Use or any other documentation referred to in them, including, without limitation, where we suspect that there has been unauthorised access to your account, or any unauthorised disclosure of your login information.

22.5 If you know or suspect that the confidentiality of your login information has been compromised, for example, by the disclosure of such information to any third party, you must immediately change your password. If you are unable to change your password, you must immediately notify us by email, at customerservices@scentaddict.com.

23. Ownership Of Material On Our Websites

23.1 All trademarks, service marks, trade names, logos, copyright and other intellectual property rights in our websites and its content are either owned by us or licensed to us. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the websites and its contents, other than as specifically authorised herein, is strictly prohibited. Any rights not expressly granted herein are reserved by us.

23.2 The trademarks, service marks, trade names, logos and other branding owned by third parties and used or displayed on or via our websites (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the websites should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any of our or any Third Party Marks that are used or displayed on the websites, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trade marks will benefit us exclusively.

24. Information And Content On Our Websites Provided On Non-Reliance Basis

24.1 Our websites are made available to you in order to provide you with general information about us, our business, and any products or services that we offer from time to time. We do not make our websites available for any other purposes, except as expressly provided in these Terms of Use.

24.2 The content on our websites are not intended to be construed as advice. You must not rely on any of the content of our websites for any purposes whatsoever, and you must seek your own independent professional advice before deciding to take any course of action on the basis, whether in whole or in part, of any of the content available on our websites from time to time.

24.3 We make no representations and provide no warranties whatsoever, whether express or implied, that any of the content or materials available on our websites from time to time are accurate, up to date or complete.

25. Permitted Use Of Materials On Our Websites

25.1 The content on our websites are provided for your personal, private and non-commercial use only. You may print or share the content from our websites for lawful personal purposes, private and non-commercial purposes, and you may also make others within your organisation aware of the content on our websites. You may not otherwise extract, reproduce or distribute the content of our websites without our prior written consent.

25.2 Whenever you print, download, share or pass on content from our websites to others, you must not make any additions or deletions or otherwise modify any text from our websites, you must not alter or change any images, media or graphics from our websites in any way, you may not remove any accompanying text from such images, media or graphics, and you must ensure that all content passed on to any third party is an accurate representation of the content as it appears on our websites.

25.3 You are prohibited from using any robots, spiders, data mining or scraping technology or any similar third party tools for the extraction or reproduction of any data or content from our websites without our prior written consent.

25.4 Whenever you pass on any content or materials from our websites to anyone, you must acknowledge us as the authors of such content or materials (or any other authors wherever credited by us) at the time when you pass on such content or materials.

26. Prohibited Uses Of Our Websites

26.1 You must not reproduce, duplicate, copy or resell any part of our websites or any content from our websites, save and except to the extent expressly permitted in these Terms of Use.

26.2 You must not, without our prior written consent, access, interfere with, damage or disrupt in any way our websites or any part of it, our systems, any of our hardware or equipment or any networks on which our websites are hosted, any software that we use to create or modify the websites or to make the websites available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

26.3 You must use our websites for lawful purposes only and in accordance with these Terms of Use. You must not use our websites:

(a) for any purpose that is unlawful or that in any way breaches any applicable laws or regulations, whether local, national or international;

(b) for any fraudulent purposes whatsoever;

(c) to conduct any unsolicited or unauthorised advertising or direct or indirect marketing to anyone by any means, or to otherwise spam, communicate with or market to anyone any goods, services or business not authorised by us;

(d) to upload, host or transmit any viruses, malware, adware, spyware, worms, Trojan horses, keystroke loggers, spyware, logic bombs, time bombs or any other harmful programs or code which could adversely affect the use or operation of the websites, our hardware or systems, or the computers, tablets, phones or other devices of any users or other third parties, or to upload any content or materials containing any such content;

(e) to communicate with, harm or attempt to harm children in any way; or

(f) in any way or for any purpose that breaches these Terms of Use or the terms of any of the documents these Terms of Use refer to.

26.4 You must not submit to us any personal information about you if you are under the age of 18, or about any other person who is either:

(a) under the age of 18; or

(b) if they are aged 18 or above, where you have not received their prior written consent to submit personal information about them to us.

27. Viruses And Other Harmful Content

27.1 We do not guarantee that our websites does not contain viruses or other malicious software.

27.2 We shall not be responsible for any bugs or viruses on our websites, any such software that might be transferred to your computer from our websites, or any consequences which the presence or operation of such programs may have.

27.3 You must ensure that you have in place up-to-date and effective anti-virus protection on your computer or other browsing device.

27.4 You must not upload or otherwise introduce to our websites any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keystroke loggers or any other programs or code that is harmful or malicious.

27.5 You must not use any third parties, software or technology to attempt to gain unauthorised access to our websites, our servers, systems, hardware, software or data.

27.6 You must not attempt to perform any denial of service type attack on our websites.

27.7 You must not perform any action which would contravene the Computer Misuse Act 1990.

27.8 We may report any breach or suspected breach of this clause 11 (Viruses and other harmful content) to the relevant authorities and may disclose your identity.

28. Links To Other Websites

28.1 Links to third party content or websites may appear on our websites from time to time. We are not responsible for the content of any websites accessible via any link(s) on our websites. All content on third party websites is outside of our control, and we do not represent or warrant that such content is related to us or our websites, suitable or appropriate for use or viewing, lawful or accurate.

28.2 Any third party websites accessible via a link on our websites may collect and process your personal information. We are not responsible for any data-processing activities carried out by any third party websites which is linked to from our websites. You should check the privacy policy of any such third party to establish how they may use your personal information before you decide to use their websites and its features.

29. Links To Our Websites

29.1 You may not link to our websites without our prior written consent.

29.2 Where you have obtained our consent to link to our websites:

(a) you may provide links to our websites on other websites owned by you, provided that such websites and the use of any links to our websites comply with these Terms of Use;

(b) wherever you post a link to our websites on any other websites, you agree that you will do so in an appropriate manner, and not in any way which is defamatory or disparaging towards us, which misrepresents us or our business, or which causes any harm whatsoever to us or our business; and

(c) you must not link to our websites in order to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any event, without having first obtained our prior written consent.

29.3 We may withdraw permission to link to our websites at any time. In the event that we withdraw permission to link to our websites and inform you of the same, you must immediately remove or cause to be removed any links to our websites.

30. Exclusions And Limitations Of Liability

30.1 We do not exclude our liability to you where it would be unlawful to do so, for example, for death or personal injury caused by our negligence. If applicable law does not allow all or any part of the below limitations of liability to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

30.2 If you purchase goods or services from our websites, different exclusions of liability may apply.

30.3 SUBJECT TO THE AFORESAID, IN NO EVENT SHALL WE (INCLUDING OUR PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES WHATSOEVER BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR UNKNOWN, ARISING FROM, IN CONNECTION WITH OR RELATING TO:

(a) YOUR USE OF OUR WEBSITES;

(b) ANY CORRUPTION OR LOSS OF DATA;

(c) ANY INABILITY TO ACCESS OUR WEBSITES, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTIONS, SUSPENSION OR WITHDRAWAL OF OUR WEBSITES (FOR ANY REASON WHATSOEVER);

(d) ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITES, INCLUDING ANY RELIANCE YOU MAKE ON SUCH CONTENT OR MATERIAL;

(e) ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUE;

(f) ANY LOSS OF REPUTATION OR GOODWILL;

(g) ANY LOSS OF SAVINGS;

(h) ANY LOSS OF A CHANCE OR OPPORTUNITY; OR

(i) ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSSES,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS, DAMAGE, COSTS, EXPENSES, LIABILITIES OR PENALTIES ARISING.

30.4 WE SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

30.5 You specifically agree that we shall not be liable for any content or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

30.6 YOU AGREE THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES ARISING OUT OF, OR IN CONNECTION WITH, OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITES, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEBSITES, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY US.

30.7 To the extent that any of the provisions of this clause 35 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) are unenforceable as outright exclusions of liability, they shall be construed as limitations on liability, limiting our liability to you to the maximum extent permitted by law.

31. Indemnification

31.1 You (and also any third party for or on behalf of whom you operate an account or activity on the websites) agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and attorneys’ fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the websites or those conducted on your behalf):

(a) your uploads, access to or use of the websites;

(b) your breach or alleged breach of these Terms of Use;

(c) your violation of any third-party right, including, without limitation, any intellectual property right, publicity, confidentiality, property or privacy right;

(d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or

(e) any misrepresentation made by you.

31.2 You will cooperate as fully required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you will not, in any event, settle any claim without our prior written consent.

32. Disclaimers

32.1 THE WEBSITES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO:

(a) THE SERVICE;

(b) THE WEBSITES CONTENT;

(c) USER CONTENT; OR

(d) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITES.

IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

32.2 WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITES ARE AT YOUR SOLE RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITES ARE LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.

32.3 BY ACCESSING OR USING THE WEBSITES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

32.4 WE DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

33. Age Restrictions On Use Of Our Websites

33.1 Our websites and any products or services available on or via the websites are strictly only for use by individuals over the age of 18 years.

33.2 IF YOU ARE UNDER THE AGE OF 18, YOU MUST NOT USE OUR WEBSITES, PURCHASE OR ATTEMPT TO PURCHASE ANY OF OUR PRODUCTS OR SERVICES, OR SUBMIT ANY PERSONAL INFORMATION TO US.

33.3 We do not knowingly or intentionally process the personal information of any individual under the age of 18.

34. Governing Law And Jurisdiction

34.1 These Terms of Use, any documents they refer to, and any disputes arising from or in relation to them or any documents they refer to, whether contractual or non-contractual, shall be governed by and construed in accordance with English law.

34.2 The courts of England and Wales shall have exclusive jurisdiction over any claims or disputes arising from or in relation to these Terms of Use and any documents they refer to.

© scentaddict 2018
Bag icon Created with Sketch.
Your chosen scent has been added to your subscription list