As we can accept your order and make a legally enforceable agreement without further reference to you, you must read this Terms of Service to make sure that they contain all that you want and nothing that you are not happy with.
1. This Terms of Service will apply to the purchase of the perfumes by you (the “Customer” or “you”). We are Liquid Reminiscence LLC, whose office is located in the State of Texas; (the “Company” or “us” or” we”).
2. These are the terms on which we sell all Perfumes to you. By ordering any of the Perfumes, you agree to be bound by this Terms of Service. By ordering any of the Services, you agree to be bound by this Terms of Service. You can only purchase the Perfumes from the Website if you are eligible to enter into a contract and are at least 18 years old.
1. Customer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
2. Contract means the legally-binding agreement between you and us for the supply of the Perfumes;
3. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
4. Perfumes mean the perfumes advertised on the Website that we supply to you of the number and description as set out in the Order;
5. Order means the Customer's order for the Perfumes from the Company as submitted following the step by step process set out on the Website;
7. Website means our website: Sniffory.com on which the Perfumes are advertised.
10. The description of the Perfumes is as set out on the Website. Any description is for illustrative purposes only and there may be small discrepancies in the size and color of the Perfumes supplied.
11. In the case of any Perfumes made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
12. All Perfumes which appear on the Website are subject to availability.
13. We can make changes to the Perfumes which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Basis of Sale
14. The description of the Perfumes on our website does not constitute a contractual offer to sell the Perfumes. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
15. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
16. A Contract will be formed for the sale of Perfumes ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Perfumes supplied under the Contract.
17. Any quotation is valid for a maximum period of 10 days from its date unless we expressly withdraw it at an earlier time.
18. No variation of the Contract, whether about the description of the Perfumes, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Company in writing.
19. We intend that this Terms of Service apply only to a Contract entered into by you as a Customer.
Price and Payment
20. The price of the Perfumes and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
21. Prices and charges include State sales tax at the rate applicable at the time of the Order.
22. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Perfumes.
23. We will contract a delivery courier to deliver the Perfumes, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
24. In any case, regardless of events beyond our control, if we do not deliver the Perfumes on time, you can (in addition to any other remedies) treat the Contract at an end if:
(a) we have refused to deliver the Perfumes, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
(b) after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
25. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
26. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Perfumes or rejecting Perfumes that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Perfumes. If the Perfumes have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.
27. You agree we may deliver the Perfumes in installments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
28. If you or your nominee fails, through no fault of ours, to take delivery of the Perfumes at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
29. The Perfumes will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Perfumes before accepting them.
Risk and Title
30. Risk of damage to or loss of, any Perfumes will pass to you when the Perfumes are delivered to you.
31. You do not own the Perfumes until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Perfumes still owned by you, in which case you must return them or allow us to collect them.
Withdrawal and cancellation
32. You can withdraw the Order by telling us before the Contract is made if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
33. You can cancel the Contract except for any Perfumes which are made to your special requirements (the Returns Right) by telling us no later than 30 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Perfumes in undamaged condition at your own expense. Then we must without delay refund to you the price for those Perfumes which have been paid for in advance, but we can retain any separate delivery charge. This does not affect your rights when the reason for the cancellation is any defective Perfumes. This Returns Right is different and separate from the Cancellation Rights below.
34. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following perfumes (with no others) in the following circumstances:
(a) perfumes that are made to your specifications or are clearly personalized;
(b) perfumes which are liable to deteriorate or expire rapidly.
Right to cancel
35. Subject as stated in this Terms of Service, you can cancel this contract within one (1) day after
placing your Order, approval for cancellation shall be at the discretion of the Company.
36. The cancellation period will expire after 3 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Perfumes. In a contract for the supply of perfumes over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.
37. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form.
Effects of cancellation in the cancellation period
38. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
Deduction for Perfumes supplied
39. We may make a deduction from the reimbursement for loss in value of any Perfumes supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Perfumes beyond what is necessary to establish the nature, characteristics, and functioning of the Perfumes: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
Timing of reimbursement
40. If we have not offered to collect the Perfumes, we will make the reimbursement without undue delay, and not later than:
(a) 14 days after the day we receive back from you any Perfumes supplied, or
(b) (if earlier) 14 days after the day you provide evidence that you have sent back the Perfumes.
41. If we have offered to collect the Perfumes or if no Perfumes were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
42. We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
Conformity and Guarantee
43. We have a legal duty to supply the Perfumes in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
44. Upon delivery, the Perfumes will:
(a) be of satisfactory quality;
(b) be reasonably fit for any particular purpose for which you buy the Perfumes which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
(c) conform to their description.
45. It is not a failure to conform if the failure has its origin in your materials.
46. The Company shall not be responsible for the safety features, listing ingredients and warnings, the Customer shall be solely responsible for visiting the manufacturer’s websites for the requisite information, in addition to sourcing the country of manufacturer.
47. We will immediately, or within a reasonable time, give you the benefit of the free guarantee given by the manufacturer of the Perfumes. Details of the guarantee, including the name and address of the manufacturer, the duration and territorial scope of the guarantee, are set out in the manufacturer's guarantee provided with the Perfumes. This guarantee will take effect at the time the Perfumes are delivered, and will not reduce your legal rights.
Successors and our sub-contractors
48. Either party can transfer the benefit of this Contract to someone else and will remain liable to the other for its obligations under the Contract. The Company shall not be liable for the acts of any sub-contractors fails to deliver services and its duties.
Circumstances beyond the control of either party
49. In the event of any failure by a party because of something beyond its reasonable control:
(a) the party will advise the other party as soon as reasonably practicable; and
(b) the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to the delivery and any right to cancel, below.
51. The Company does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Company's other legal obligations. Subject to this, the Company is not liable for loss which was not reasonably foreseeable to both parties at the time when the Contract was made.
Governing law, jurisdiction and complaints
52. The Contract (including any non-contractual matters) is governed by the law of the State of Texas. Disputes can be submitted to the jurisdiction of the courts of Texas or, where the Company
operates its business, in the courts of respectively within the United States of America.
Effective July 8, 2022