Terms of Service

As we can accept your order and make a legally enforceable agreement without further reference to you, please read this Terms of Service to ensure you understand and agree to the Sniffory Terms of Service.

Application

This Terms of Service will apply to the purchase of the perfumes by you (the “Customer” or “User”). We are Sniffory LLC, whose registered office is at 2105 Flatbush Ave, Pmb 78 Brooklyn, New York; (heretofore the “Company” or “us” or” we”).

These are the terms on which we sell all Perfumes to the User. By ordering any Perfumes, the User agrees to be bound by the Sniffory Terms of Service. By ordering any of the Services, the User agrees to be bound by the Sniffory Terms of Service. The User can only purchase Perfumes from the Sniffory Website if the User is eligible to enter into a contract and are at least 18 years old.

Interpretation

Customer or User means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

Contract means the legally-binding agreement between the User and Sniffory for the purchase and supply of Perfumes;

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 intended purpose of said information, and allows the unchanged reproduction of the information stored;

Perfumes mean the perfumes advertised on the Sniffory Website that are supplied to the User of the number and description as set out in the Order;

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;

Privacy Policy means the terms which set out how Sniffory will deal with confidential and personal information received from the User via the Website;

Website means the Sniffory website: Sniffory.com on which the Perfumes are advertised and sold.

Perfumes

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.

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.

All Perfumes which appear on the Website are subject to availability.

Sniffory may make changes to the Perfumes which are necessary to comply with any applicable law or safety requirement. The User will be notified of any such changes as they occur

Sniffory is not liable for the use of the Perfumes and is not obligated to list perfume ingredients and/or any relevant Perfume warnings. For such information, the User may access the website of the Perfume manufacturer and/or supplier.

Sniffory is not liable for any medical care required by the use or misuse of the Perfume sold on the Sniffory website. Perfume manufacturers should be contacted with any medical questions or concerns associated with the use of Perfumes.

Basis of Sale

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 Sniffory Website, Sniffory can reject it for any reason, although the User will be notified of the reason without delay.

The Order process is outlined on the Sniffory Website. Each step allows the User to check and amend any errors before submitting the Order. It is the User’s responsibility to check that they have adhered to and followed the ordering process correctly.

A Contract will be formed for the sale of Perfumes ordered only when the User receives an email from Sniffory confirming the Order (Order Confirmation). The User must ensure that the Order Confirmation is complete and accurate and must inform Sniffory of any errors at the moment they occur. Sniffory is not responsible for any inaccuracies in the Order placed by the User.

By placing an Order, the User agrees to receive confirmation of the Contract by means of an email with all applicable information included (i.e. the Order Confirmation). The User will receive the Order Confirmation within a reasonable time after agreeing to the Contract, but in any event not later than the delivery of any Perfumes supplied under the Contract.

Any quotation provided is valid for a maximum period of 10 days from the date it was first provided unless Sniffory expressly withdraws it at an earlier time.

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 upon by the Customer and the Company in writing.

Sniffory intends that this Terms of Service apply only to a Contract entered into by you as a Customer.

Price and Payment

The price of the Perfumes and any additional charges is that established on the Sniffory Website at the date of the Order or such other price that has been agreed to in writing.

Prices and charges include State sales tax at the rate applicable at the time of the Order.

The User must pay by submitting credit or debit card information with the Order and payment is made immediately or otherwise as noted before delivery of the Perfumes.

Delivery

Sniffory will contract a delivery courier to deliver the Perfumes to the Delivery Location within a reasonable time period

Sniffory agrees to use carriers to deliver goods locally to the User.

The User agrees that Sniffory may deliver the Perfumes in installments or delayed manner if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided the User is not liable for extra charges.

If the User fails, through no fault of the Company, to take delivery of the Perfumes at the Delivery Location, Sniffory may charge the reasonable costs of storing and re-delivering them.

The Perfumes will become the sole responsibility of the User upon the completion of delivery or Customer collection. The User must, if reasonably practicable, examine the Perfumes before accepting them.

All sales are final. Sniffory does not provide refunds or returns for Perfumes that were delivered in accordance with the contract. If the User is dissatisfied with the Perfumes delivered for any reason, Sniffory advises they contact the Sniffory Customer Service Department. No refunds or returns will be accepted by the Sniffory Customer Service Department at any time for any reason.

Risk and Title

Risk of damage to, or loss of any Perfumes will pass to the User when the Perfumes are delivered.

The User does not own the Perfumes until Sniffory has received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, Sniffory can choose, by notice, to cancel any delivery and end any right to use the Perfumes still owned by you, in which case the User must return them or allow for their collection. User agrees not to issue chargback for filled order.

Withdrawal and cancellation

The User can withdraw the Order without reason and without incurring any liability only before the Contract is entered into. The User must notify Sniffory prior to entering into Contract if the Order is withdrawn.

The User can cancel the Contract except for any Perfumes which are made to your special requirements (the Returns Right) by notifying Sniffory at least 30 days of prior to the end of the Contract. Under such circumstances, the User will still incur any charges associated with the previously agreed to Contract and no further charges or renewal will occur after the end of Contract terms.

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:

perfumes that are made to User specifications or are clearly personalized;

perfumes which are liable to deteriorate or expire rapidly.

Effects of cancellation in the cancellation period

If the User cancels this Contract, Sniffory will not reimburse any applicable payments as outlined in the Contract. The User agrees to all payments associated with the Contract terms and duration.

Successors and our sub-contractors

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 or their failure to deliver services and duties.

Privacy

User privacy is critical to Sniffory. Sniffory respects User privacy and complies with the General Data Protection Regulation with regard to User personal information. This Terms of Service should be read alongside, and are in addition to, Sniffory’s policies, including the privacy policy located on the Sniffory Website.

Excluding liability

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

The Contract (including any non-contractual matters) is governed by the law of the State of New York. Disputes can be submitted to the jurisdiction of the courts of New York or, where the Company operates its business, in the courts of respectively within the United States of America.