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Terms & conditions

 

By visiting this website and/or placing an order with us, you are deemed to have read these terms and conditions and accept them in full. Do not continue to use the Smell Stories website if you do not agree to all the terms and conditions stated on this page.

Any new features or tools added to the current website are also subject to these terms and conditions. We reserve the right to update, modify or replace any part of these terms and conditions by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. If you continue to use or visit the website after changes have been published, it means that you accept those changes.

This website is the property of Smell Stories BV, whose registered office is: Rue des Teinturiers 15, 1000 Brussels, Belgium

Telephone: +32 2 767 88 74
E-mail: [email protected]
Company number: BE 0 732 904 581

Terminology

The following terminology applies to these terms and conditions, the privacy statement and all information on our website: ‘Customer’, “You”, “Your”, “Your” and “Your” refers to you, the person who visits this website and accepts the terms and conditions of the Company. ‘The Company’, “We”, “Our”, “Us” and “Our” refers to our Company.

1. Terms of Sale

1.1. Payment of your order

When you place your order, you will receive a summary of the total cost, including , VAT, shipping and payment costs. After placing an order you will receive a confirmation by e-mail with an overview of these costs. Smell Stories will not dispatch your order until payment has been received.

1.2. Delivery of your order

Once we have received your order, you will receive a confirmation email with the order details. After Smell Stories has received payment, we will dispatch the items within five working days of receiving payment. If an ordered item is out of stock, you will be notified and we will refund the amount of the missing item including any associated shipping costs or offer you an alternative. The delivery time of your order varies by country and region, but is usually between two and ten working days. The parcel will be delivered twice to the specified delivery address. If nobody is at home to receive the parcel on both delivery dates, the addressee will be informed by the carrier where the parcel can be collected. Smell Stories cannot be held liable for late delivery. Smell Stories is not responsible for lost and/or damaged goods during shipment.

1.3. Cancelling your order

Cancelling an order is possible as long as it has not yet been dispatched. If you want to cancel an order that has not yet been shipped, log in to your account to view and change or cancel your order. If you do not yet have an account, please register first with the e-mail address you used for your purchase, or send your request to [email protected]. If the cancelled order has already been paid for, you will receive a refund of the amount paid within 14 days.

1.4. Returning your order

Please refer to our return policy for information on how to return a product. The return policy, as well as the privacy policy, forms an integral part of these terms and conditions.

1.5. Limitation of offer

We reserve the right, but have no obligation, to restrict the sale of our products or services to any person, geographical region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. We reserve the right to change or discontinue products and services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuation of products and services.

1.6. Refusal of an order

We reserve the right to refuse any order you place with us. We may, at our discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may also apply to orders placed by or under the same customer account, the same credit card and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we will attempt to notify you by contacting the e-mail address and/or billing address/phone number provided at the time the order was placed. We reserve the right to restrict or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

1.7. Your purchase and account details

You agree to provide current, complete and accurate purchase and account information for all purchases you make in our shop. You agree to promptly update your account and other information, including your email address and credit card numbers and their expiry dates, so that we can complete your transactions and contact you if necessary.

1.8. Listing and updating prices of products and services

The prices of products and services on our website are stated in Euro and include Belgian VAT. From 1 July 2021 new VAT rules for e-commerce will apply in the EU. Webshops that ship products to individuals from other EU countries must apply the VAT of the country to which the goods are shipped if the total of their online sales exceeds €10,000 on an annual basis. This is the case for us. Therefore, if you are located in an EU country other than Belgium and order a product from us, we will automatically apply your country's VAT rate at checkout, which may differ from the (Belgian) VAT rate of 21% listed in our webshop.

All descriptions of products or prices of products are subject to change at any time without notice, at our sole discretion.

1.9. Liability

All items offered on our website are manufactured to strict quality standards. We only work with suppliers of high-quality items. Should you still have a complaint about the quality of an item, please contact us. We will in turn contact the relevant manufacturer. Liability for the articles rests with the manufacturer in all cases. Smell Stories thus excludes all responsibility for problems with these articles.

Smell Stories is not liable for any translation, typographical, typesetting or printing errors that may relate to product descriptions, prices, promotions, offers, shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if the information is incorrect at any time without notice (including after you have placed your order).

We are under no obligation to update, change or clarify any information on our website, including but not limited to pricing information, unless required by law. No specified update date applied to our website should be taken as an indication that all information has been changed or updated. We make every effort to display images of products on our website as accurately as possible. Smell Stories cannot be held responsible for colour variations due to screen quality.

2. Licence

Unless otherwise stated, Smell Stories and/or its licensors own the intellectual property rights for all material on our website. All intellectual property rights are reserved. You may view and/or print the pages of https://www.smellstories.be for your own personal use, subject to the restrictions in these terms and conditions.

You may not:

  • Republish material from https://www.smellstories.be
  • Sell, rent or sublicense any material from https://www.smellstories.be
  • Reproduce, duplicate or copy material from https://www.smellstories.be
  • Redistribute content from Smell Stories (unless the content is specifically made for redistribution)

3. User Comments and Reviews

Certain areas of this website allow users to share opinions, information, material and data (‘Comments’ and ‘Reviews’). Smell Stories does not edit the Comments and Reviews before they appear on the website and the Comments and Reviews do not reflect the views or opinions of Smell Stories, its agents or affiliates. Comments and Reviews reflect the views of the person posting them. We reserve the right to monitor all Comments and Reviews and to remove Comments and Reviews that, in our opinion and sole discretion, are inappropriate, offensive or otherwise in breach of these Terms and Conditions.

To the extent permitted by applicable law, Smell Stories shall not be responsible or liable for the Comments and Reviews or for any loss, cost, liability, damage or expense caused and or suffered as a result of the use of and/or posting and/or appearance of the Comments and Reviews on this website.

You warrant and represent that:

  • You have the right to post the Comments or Reviews on our website and have all necessary licences and consents to do so;
  • The Comments do not infringe any intellectual property right, including but not limited to copyright, patent or trademark, or other proprietary rights of any third party;
  • The Comments do not contain defamatory, libelous, offensive, indecent or otherwise unlawful material or material that constitutes an invasion of privacy;
  • The Comments or Reviews are not used to solicit or promote services or products or to suggest commercial activities or illegal activities.

You hereby grant to Smell Stories a non-exclusive royalty-free licence to use, reproduce, edit and authorise others to use, reproduce and edit your Comments in any and all forms, formats or media.

4. Hyperlinking

4.1. Hyperlinks on our website

Certain content, products and services available on our website may contain material from third parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and are not liable or responsible for any third-party materials or websites, or any other third-party materials, products or services.

We are not liable for any damages in connection with the purchase or use of any goods, services, resources, content or other transactions made in connection with third-party websites. Please read third-party policies and practices carefully and make sure you understand them before entering into any transaction. Any complaints, claims or queries regarding third party products and services should be directed to the third party.

 4.2. Hyperlinks to our website

The following organisations may link to our website without prior written consent:

  • Government bodies;
  • Search engines;
  • News organisations;
  • Distributors of online directories that list us in the directory may link to our website in the same way they hyperlink to the websites of other listed companies;

These organisations may link to our homepage, publications or other website information as long as the link: (a) is not misleading in any way; (b) does not falsely imply sponsorship, approval or endorsement of the party posting the link and its products or services; and (c) fits within the context of the linking party's site.

We may, at our discretion, consider and approve other link requests from other organisations.

We will approve link requests from other organisations if we determine that: (a) the link does not put us or our accredited companies in a bad light; (b) the organisation does not have an unsatisfactory reputation with us; (c) the benefit to us of the visibility associated with the hyperlink outweighs its absence; and (d) when the link is in the context of general information resources or is otherwise consistent with editorial content in a newsletter or similar product promoting the organisation's mission.

These organisations may link to our homepage, publications or other website information as long as the link: (a) is not misleading in any way; (b) does not falsely imply sponsorship, approval or endorsement of the linking partner and its products or services; and (c) fits within the context of the linking party's site.

If you are interested in linking to our website, you must notify us by sending an e-mail to [email protected]. Please include your name, the name of your organisation, contact details (such as a phone number and/or email address) and the URL of your site, a list of URLs from where you would like to link to our website and a list of the URL(s) on our site to which you would like to link. Please allow 2-3 weeks for a response.

Approved organisations may hyperlink to our website as follows:

  • By using our company name; or
  • By using the uniform resource locator (web address) being linked to; or
  • By using any other description of our website or linked material that makes sense within the context and format of the content on the link partner's site.

The use of the Smell Stories logo or other artwork for links is not permitted without a trademark licence agreement.

4.2.1. Iframes

Without prior approval and express written consent, you may not create frames around our web pages or use other techniques that alter the visual presentation or appearance of our website in any way.

4.2.2. Reservation of rights

We reserve the right at any time and at our sole discretion to request that you remove all links or any particular link to our website. You agree to remove all links to our website immediately upon such request. We also reserve the right to amend these terms and conditions and the linking policy at any time.

4.2.3. Liability for content

We are not responsible or liable for any content appearing on your website. You agree to indemnify and defend us against any claims arising out of or based on your website. No link may appear on any page of your website or within any context that contains content or materials that may be construed as defamatory, obscene or criminal, or that infringes, otherwise violates, or advocates the infringement or other violation of any third party rights.

5. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, 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 we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

6. Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury resulting from negligence;
  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;
  • limit any of our or your liabilities in any way that is not permitted under applicable law;
  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature. 

7. Applicable law and jurisdiction

This website is governed by Belgian law. In the event of disputes, the courts of the district of Brussels shall be solely competent.

 

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