Terms of service
Overview
By visiting our site and/or purchasing from us, 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 apply to all users of the site, including, but not limited to, browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all these terms and conditions, you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms. New features or tools added to the current store shall also be subject to the Terms.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It's your responsibility to check this page periodically for changes. Your continued use of or access to the website following any changes constitutes acceptance of those changes.
Section 1 - Online Store Terms
By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site.
You must not use our products for any illegal or unauthorized purpose. In using the Service, you must not violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms, viruses, or destructive code. A breach or violation of any of the Terms will result in an immediate termination of your services.
Section 2 - General Conditions
Section 3 - Accuracy, Completeness, and Timeliness of Information
We are not liable if the information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and shouldn't be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or timely sources of information. Any reliance on the material is at your own risk.
This site may contain historical information, which is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time but have no obligation to update any information. You agree that it's your responsibility to monitor changes to our site.
Section 4 - Modifications to the Service and Prices
Prices for our products are subject to change without notice. We reserve the right to modify or discontinue the Service without notice at any time. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.
Section 5 - Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products, but we can't guarantee your computer monitor's display will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services. All descriptions of products or pricing are subject to change at any time without notice, at our discretion. We reserve the right to discontinue any product. Any offer for any product or service is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Section 6 - Accuracy of Billing and Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 7 - Optional Tools
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Section 8 - Third-Party Links
Section 9 - User Comments, Feedback, and Other Submissions
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 10 - Personal Information
Section 11 - Errors, Inaccuracies, and Omissions
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
Section 12 - Prohibited Uses
Section 13 - Disclaimer of Warranties and Limitation of Liability
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 SmellNice, 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.
Section 14 - Indemnification
Section 15 - Severability
Section 16 - Termination
If we believe, in our sole discretion, that you have failed, or suspect that you have failed, to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. Upon termination, you will remain responsible for all amounts due up to and including the termination date, and/or we may deny you access to our Services (or any part thereof).
Section 17 – Whole Agreement
Any uncertainties in the interpretation of these Terms of Service shall not be construed against the party who drafted them.
Section 18 – Applicable Law
Section 19 – Modifications to the Terms of Service
Section 20 - Contact Information
support@smellnice.com or via our contact page HERE