terms and conditions
ENID.SCENTS TERMS AND CONDITIONS
Welcome to the enid.scents website!
enid.scents, (“we”, “our” and “us”) owns and operates the enidscents.com website, which provides the Service to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Service in connection with certain functionality, features or promotions as well as customer service, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”). You may be accessing our Service from a computer or mobile phone device and these Terms and Conditions govern your use of our Service and your conduct, regardless of the means of access.
We may also interact with you on third-party sites where we post content or invite your feedback, such as Facebook and Instagram. Our Terms and Conditions may provide guidelines in connection with our interactive services, including services that involve third-party sites, but we do not control those third-party sites, and these Terms and Conditions do not apply to companies that we do not own or control, or to the actions of people that we do not employ or manage. We encourage users to review the terms of use of each Web site visited.
You must be 18 years old or the age of majority in your jurisdiction in order to make a purchase on our Service. If you are under 18 years old or the age of majority in your jurisdiction, then you may not make a purchase on our Service. By accessing or using our Service, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms and Conditions. We may revise the Terms and Conditions from time to time. Accordingly, please continue to review the Terms and Conditions whenever accessing or using our Service. Your use of our Service following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, YOU MAY NOT USE OUR SERVICE.
1. Privacy
Please review our Privacy Policy so that you may understand our privacy practices.
2. Purchase related policies and procedures
2.1 Your rights on the contract
2.1.1 Order processing
Once your order is placed, the system will generate an automated reply to you to confirm we have received your order. Such confirmation does not constitute a promise of delivery of ordered products. We will contact you to confirm the order and delivery details. We will endeavour to process your order in five (5) to seven (7) business days after order confirmation and successful payment and. Full payment is required after order confirmation.
For orders that are to be shipped to destinations outside our delivery list, please contact us for a shipping quotation before placing your order.
2.1.2 Order status
If you have not heard from us after the normal seven (7) days period for the order, you may contact us and we will aim to respond promptly to confirm your order status. You may also check your order status after logging in to My Account.
To track your order via the courier’s website, click on the tracking number next to the order to view the delivery status of your order.
*Please note: Some couriers may not have tracking information available for up to one (1) business day after the order is shipped.
2.1.3 Make changes to your order
You may not be able to make changes to your order/cancel your order once you have received our order confirmation. However, you may raise a return/refund request following our Returns Policy.
If you wish to add items to your order, you may place a separate order online or contact us by email info@enidscents.com. We will do our best to accommodate your request. Once an order is processed, we regret that it cannot be changed or cancelled.
Occasionally, orders or parts of an order are cancelled for various reasons. Some reasons are:
- Item(s) are not available
- Difficulty in processing payment information
- Cannot ship to the address provided
- A duplicate order was placed
- By customer request
If your order is cancelled, you will receive an email notification to advise you of the cancellation. You will not be billed for any cancelled items. If you have questions about a cancelled order, please contact us via info@enidscents.com.
2.1.4 Collect your order
We provide shipping and pick-up services. Please refer to our Shipping Policy for details.
2.1.5 Payment options
Full payment is required after order confirmation. We accept the following payment methods on our Service:
- Visa/Mastercard
- PayPal
- Alipay HK
- Octopus
- PayMe
- FPS
- Tap & Go
Payment Authorizations
All purchases are subject to bank authorization prior to processing. Only authorized purchases will be processed and shipped.
2.1.6 Security online
At enidscents.com, we understand how important security is to you. When you place an order at enidscents.com, we encode your information using Secure Socket Layer (SSL) encryption technology. This is the most advanced consumer online security technique to date. You can be assured that your order will be placed safely and securely. We have used government approved encryption software. To find out more about SSL encryption software go to:
https://www.ssl.com/faqs/faq-what-is-ssl/
For encryption to take place, your browser must have the SSL protocol. The browsers that have this software are the following:
- AOL 5.0 and higher
- Internet Explorer 5.0 and higher
- Mozilla Firefox
- Netscape 6.0 (Windows only)
- Safari
- Google Chrome
2.1.7 Promotional offer codes
Promotional offers are valid for a limited time and limited usage. Please refer to the terms and conditions of each promotional offer. To apply a promotional code, you may enter the code at the last stage of checkout, and click "APPLY". Only one (1) promotional code can be applied per transaction. Offers may not be used in conjunction with other promotions, offers, voucher codes or promotional certificates. enid.scents reserves the right to amend or terminate a promotion at any time without notice. Should you have any inquiries, please contact us via info@enidscents.com.
2.2 Our rights under the contract
2.2.1 Our products
All of our products are hand-made and natural, from inside out. Size dimensions and colours may vary from the Content displayed on our Service and published on our social media platforms. All Content is for illustrative purposes only. We aim to reflect the closest accurate size and colour of our products as much as possible.
2.2.2 Safety
Safe and proper use of aromatherapy formulas is the sole responsibility of the use, please follow the safe practice at all times. enid.scents assumes no responsibility or liability for any persons' misuse, carelessness, allergic reaction, or any other conditions arising directly or indirectly from use or from any information contained herein. Please consult your physician about any questions or concerns.
2.2.3 Cancel your order
We may, at our sole discretion reject or cancel your order at any time in the following cases:
(i) insufficient time to deliver the products you have ordered (since every candle is hand-made and require 5-7 business days to process); or
(ii) payment is not received within 24 hours; or
(iii) unable to contact you to confirm the order and delivery details within seven (7) days from purchase and after several approaches; or
(iv) we have reasons to believe you are under 18 years old and do not have parental consent.
3. Products and services for personal use
The products and services available on our Service, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. We reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided to you that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
4. Accuracy of information
We endeavour to be as accurate as possible when describing our products and providing information on our Service; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours, information, or other content available on our Service are accurate, complete, reliable, current, or error-free.
This Service may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies, or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
5. Intellectual property
All information and content available on our Service and its look and feel, including but not limited to trademarks, logos, service marks, features, functions, text, graphics, photographs, button icons, images, audio clips, data compilations, sounds, music and software, and the compilation and organisation thereof (collectively, the “Content”) is our property or the property of enid.scents, our affiliates, partners or licensors, and is protected by applicable laws, including laws governing copyrights and trademarks. All such rights are reserved.
Except as set forth in Section 6 below, or as required under applicable law, neither the Content nor any portion of the Service may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our express, prior written consent.
6. Limited licenses; use restrictions
We grant you a limited, revocable, non-transferable, and non-exclusive license to access and make personal use of our Service. You understand and agree that you will not do or attempt to do or cause any third party to do or attempt to do any of the following in connection with your use of the Service:
- frame or utilize framing techniques to enclose our Service or any portion thereof;
- use any meta tags, “hidden text”, robots, spiders, crawlers, or other tools, whether manual or automated, to collect, scrape, index, mine, republish, redistribute, transmit, sell, license or download the Service, Content (except caching or as necessary to view our Service), or the personal information of others without our prior written permission or authorization;
- make any use of our Service or any Content other than for personal use;
- modify, reverse engineer or create any derivative works based upon our Service or any Content;
- impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way;
- intentionally violate any applicable local, national or international law;
- transmit, upload, post, e-mail, share, distribute, reproduce, or otherwise make available any software viruses, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Service; and/or
- engage or make any unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam”.
We also grant you a limited, revocable, non-transferable, and non-exclusive license to create a hyperlink to the home page of our Service for personal, non-commercial use only. A website that links to the Service (i) may link to, but not replicate, any and/or all of our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive controversial or illegal or inappropriate for any ages (as determined in our sole discretion); (v) may not portray us or our products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; and/or (vi) may not link to any page of the Service other than the home page. We may, in our sole discretion, request that you remove any link to the Service, and upon receipt of such request, you shall immediately remove such link and cease any linking unless separately and expressly authorized in writing by us to resume linking.
Any unauthorized use by you of our Service or any and/or all of our Content automatically terminates the limited licenses set forth in this Section 6 without prejudice to any other remedy provided by applicable law or these Terms and Conditions.
7. Your obligations and responsibilities
By accessing or using the Service or any Content, you agree that you will comply with these Terms and Conditions and any warnings or instructions on the Service. You agree that when accessing or using the Service or any Content, you will act in accordance with the law, custom, and in good faith. You may not make any change or alteration to the Service or any Content or services that may appear on this Service and may not impair in any way the integrity or operation of the Service. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or willfully in any of the obligations set forth in these Terms and Conditions, you shall be liable for all the losses and damages that this may cause to us, our affiliates, partners or licensors.
If you access the Service via your mobile phone, we do not currently charge for this access. Please be aware that your carrier’s normal rates and fees, such as data charges, will still apply.
8. Your account
(Subject to the age restrictions outlined above) You may view and use many features of the Service without registering, including making purchases, but in order to access and use some parts of the Service, you may need to register an account with us. If you choose to register at the Service, you are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer. If there has been unauthorized use of your password or account, please notify us immediately. You are responsible for providing and maintaining current, complete, accurate, and truthful information on your account. You agree to accept responsibility for all activities that occur under your account, username and/or password. If you are accessing and using the Service on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms and Conditions provided herein, and to the extent you do not have such authority you agree to be bound to these Terms and Conditions and to accept liability for harm caused by any wrongful use of the Service or Content resulting from such access or use. You may cancel your account with us at any time by emailing us at info@enidscents.com. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms and Conditions are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
9. Links to other sites
Please be aware that our Service may contain links to other sites, including third-party sites that are not governed by these Terms and Conditions but by other terms of use that may differ somewhat. We encourage users to review the terms of use of each Web site visited. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
10. Special features, functionality and events
The Service may offer certain special offerings or events (such as contests, sweepstakes, or other offerings) which may be subject to terms of use, rules, and/or policies in addition to or in lieu of these Terms and Conditions. If you choose to take advantage of these offerings, you agree that your use of those offerings may be subject to such additional or separate terms of use, rules and/or policies.
11. Disclaimer of warranties; limitation of liability
THE SERVICE IS PRESENTED “AS IS”. NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE SERVICE OR ANY OF THE CONTENT OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) UNDER ANY CIRCUMSTANCES FOR ANY (A) INTERRUPTION OF BUSINESS; (B) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SERVICE; (C) DATA NON-DELIVERY, LOSS, THEFT, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (D) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEBSITE LINKS ON THE SERVICE; (E) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; (F) ANY INACCURACIES OR OMISSIONS IN CONTENT; OR (G) EVENTS BEYOND OUR REASONABLE CONTROL. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE NOR OUR AFFILIATES, PARTNERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SERVICE OR YOUR USE THEREOF REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE AMOUNT ORIGINALLY PAID FOR THE PRODUCTS.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF, OR RELATED TO, THE USE OF THE SERVICE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SERVICE, TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
12. Indemnification
You agree to defend, indemnify and hold us, our affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from your use of the Service or any Content, or any of our products or services purchased on our Service, or your breach of these Terms and Conditions. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
13. Disputes
In case of any dispute, claim, or controversy regarding our Service, enid.scents reserves the right of final decision and interpretation. All rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China (“Hong Kong”), as if the Terms and Conditions were a contract wholly entered into and wholly performed within Hong Kong. Any dispute relating in any way to your use of the Service shall be referred to and finally resolved by confidential arbitration in Hong Kong and you agree to submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under this agreement shall be administered by the Hong Kong International Arbitration Centre (“HKIAC”) under the “HKIAC Administered Arbitration Rules” in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The place of arbitration shall be Hong Kong. The number of arbitrators shall be three. The arbitration shall be conducted in the English language. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, you agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. You agree that you may bring claims against us only in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
14. Consent to receive notices electronically by posting on the service and via email
You consent to receive any agreements, notices, disclosures, and other communications (collectively, “Notices”) to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on our Service. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at info@enidscents.com and discontinuing your use of our Service. In such event, all rights granted to you pursuant to these Terms and Conditions, including but not limited to Section 6 hereof, shall automatically terminate. Unfortunately, we cannot provide the benefits of our Service to any user that cannot consent to receipt of Notices electronically.
Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.
15. General
You acknowledge and agree that these Terms and Conditions constitute the complete and exclusive agreement between us concerning your use of the Service, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Service and providing notice of such change. When we make changes to our Terms and Conditions, we will revise the "last updated" date at the bottom of this page. Your continued use of the Service thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Service.
Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.
If you have any questions regarding these Terms and Conditions, please email us at info@enidscents.com.
Last updated: 07 April 2022