2- ABOUT THE PERFUMER H WEBSITE
Lyn Michel Limited T/a “PERFUMER H” address and registered office is 46 Elsworthy Road, London, NW3 3BU; registered in England and Wales with company registration number 09343425; VAT registration number GB 204 5495 21
To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) be aged 18 or older and (b) register on the Site; and (c) be the holder of a valid debit/credit card.
This contract shall be concluded in English.
All prices indicated for products available via the Site are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the delivery section of the Site.
6- PRODUCT DESCRIPTION
We will take all reasonable care to ensure that all details, descriptions, and images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however due to the hand made nature of our hand blown glass items we will not accept responsibility for reasonable differences in tone or shape for the hand blown items. And to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy. See Section 10 below.
All products are subject to availability and some products may be subject to lead times. Lead-time for shipping an order containing hand blown item(s) can be up to fourteen (14) days.
We can only ship an order for a candle refill after we have received your empty candle vessels. Postage back to us is at your expense, please ensure any candle vessels for the refill service is sent back to us at: Perfumer H, Candle Refill Service, 106A Crawford Street, London W1H 2HZ, United Kingdom. We strongly advise you to use a tracked postal service when sending a candle vessel back and that you take extra care in packing your empty vessels before returning to us. In your parcel please include a copy of your email confirmation.
We will inform you as soon as possible if any items you have ordered are not readily available.
We will notify you by email as soon as possible to acknowledge receipt of your order.
If we are unable to fulfil your order following this acknowledgement, we will endeavour to contact you by email or telephone advising you of this.
A contract between you and Perfumer H will come into existence upon us notifying you by subsequent email or telephone that your order has been confirmed and will be dispatched.
You will become liable to make payment for the order at that time. At any point up until then, we may decline to fulfil your order.
If we are unable to supply a particular item or there is a delay beyond fourteen (14) days in supplying an item for any reason beyond our reasonable control (including but not limited to an item being out of stock, us identifying a product or pricing error or if we are unable to obtain authorisation for your payment) we will not be liable to you.
Risk in the products constituting the orders will pass to you immediately upon delivery.
You will be deemed to have accepted the order unless you notify us upon receipt that the order is incorrect or if you otherwise exercise your cancellation right set out below.
If you fail to act in accordance with these terms, we shall have no obligation to accept a purported rejection exercised by you.
We retain the legal ownership of all products until we have received full payment.
We shall automatically and immediately regain legal ownership of the products in the event that we refund payment to you.
We shall be pleased to assist if you have any queries or require any information regarding your order. Please email us at firstname.lastname@example.org or call us on
+44 (0) 20 7258 7859.
You can pay by Credit/Debit Card -Mastercard, Visa, American Express, Switch, Delta, Electron, Solo, or Maestro card.
You confirm that the credit or debit card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.
Payment for each order will be taken from your debit/credit card as your order is placed, and we usually dispatch by 16:00 the next working day, unless you have ordered a product that requires a hand blown vessel to made to order as, in which case we will dispatch your order within fourteen (14) days, or unless you have ordered a candle refill, in which case we will despatch your order upon receipt of your candle vessel, as per section 7. Our liability to you in connection with any order will not exceed the total price charged for the relevant items.
9- PURCHASE RELATED TO PRODUCTS
The products and services available on the Site, 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. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.
10- PLACING AN ORDER AND ORDER ACCEPTANCE
You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Perfumer H Site by clicking on the Submit button at the end of the on-line order process.
Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Perfumer H.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy and Procedure.
If you require a VAT invoice, please contact us at email@example.com
If you require any information regarding your order(s) please contact Customer Services by email at firstname.lastname@example.org.
If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See Cancellation section of the Site.
11 – TITLE TO GOODS
We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.
12 – RISK OF LOSS POLICY
Risk in the goods will pass to you upon delivery to you.
13 – DELIVERY
We will deliver the goods in accordance with the delivery option selected by you during the order process. See the Delivery section of our Site. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.
14 – ACCEPTANCE OF GOODS
Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy and Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Service at email@example.com.
15- RETURNS POLICY
We hope that you will be happy with your purchase but if you are not, we offer a full refund or exchange on any item within 28 days of receipt as long as it is unused and in its original packaging. We cannot refund or exchange any sale items. However if, upon delivery, you notice that any of the products in your order are damaged we shall be happy to replace them.
16 – INTELLECTUAL PROPERTY
All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the “Content”) is the property of Perfumer H, its affiliates, partners or licensors, and is protected by international copyright laws. The trademarks, logos, and service marks displayed on the Site (collectively, the “Trademarks”) are the registered and unregistered marks of Perfumer H, its affiliates, licensors or partners, in the United Kingdom, E.U., United States and other countries, and are protected by United Kingdom, E.U., United States and international trademark laws.
All other Trademarks not owned by Perfumer H, its affiliates, partners or licensors that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited licence in Section 17 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without Perfumer H’s prior written consent.
17 – LIMITED LICENCE
All content available on the Site, including, but not limited to, text, graphics, logos, button. We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other “hidden text” utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.
We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, 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 or controversial, and may contain only content that is lawful and appropriate for all ages; (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; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence set forth in this Section 17 without prejudice to any other remedy provided by applicable law.
18 – YOUR OBLIGATIONS AND RESPONSIBILITIES
19 – YOUR ACCOUNT
You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Service at firstname.lastname@example.org.
Alternatively, you can update your details through My Account page.
You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Customer Services at email email@example.com.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in PERFUMER H’s best interests to do so.
20 – THIRD PARTY LINKS
We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.
21 – SUBMISSIONS
22 – USER CONTENT
When you transmit, upload, post, email or otherwise make available data, text, software, music, sound, photographs, graphics, images, videos, messages or other materials (“User Content”) on the Site, you are entirely responsible for such User Content. Such User Content constitutes a Submission under Section 21. This means that all third parties, and not we, are entirely responsible for all User Content that they post to the Site. You agree not to engage in or assist or encourage others to engage in transmitting, uploading, posting, e-mailing or otherwise making available on the Site User Content that (a) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) you do not have a right to make available under any law or under contractual or fiduciary relationships; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or granted any consideration by any third party; or (e) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party. In addition, you agree not to transmit, upload, post, e-mail, or otherwise make available any software viruses, unsolicited or unauthorized advertising, solicitation or promotional material, including chain letters, mass mailings, or any form of “spam.” You further agree not to (i) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity; (ii) “stalk” or otherwise harass including advocating harassment of another, entrap or harm any third party including harming minors in any way; (iii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content; (iv) intentionally or unintentionally violate any applicable local, state, national or international law; or (v) collect or store personally identifiable data about other users.
We do not endorse or control the User Content transmitted or posted on the Site and therefore, we do not guarantee the accuracy, integrity or quality of User Content. You understand that by using the Site, you may be exposed to User Content that is offensive, indecent or objectionable to you. Under no circumstances will we be liable in any way for any User Content, including, without limitation, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred by you as a result of the use of any User Content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse to post or remove any User Content and we reserve the right to change, condense, or delete any User Content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, we have the right to remove any User Content that violates these Terms and Conditions or is otherwise objectionable and we reserve the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
23 – REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
The site is presented “as is.” we make no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the site, 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, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, 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-site links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party sites; (f) any inaccuracies, omissions or misleading, false or deceptive statement in the content; or (g) events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the site regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred sterling, as applicable. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.
24 – INDEMNIFICATION
You agree to defend, indemnify and hold us 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 Site. You also agree to indemnify us 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.
25 – COMPLAINTS
If you wish to complain about any matter in respect of the goods please contact Customer Services at firstname.lastname@example.org.
26 – DISPUTES
Your use of this Website and any purchase by you of any goods from Perfumer H shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.
27 – GENERAL
If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Service at email@example.com.