ABOUT THESE CONDITIONS AND TERMS
These General Conditions expressly govern the relationship between The Scentuary and third parties (hereinafter, "Users" or "You") who register as users and/or purchase products (hereinafter, "Products") through The Scentuary's official online store (https://shop.scentuary.com, hereinafter the "Store"). These terms and conditions, together with your Order Confirmation, constitute the contract between The Scentuary and You for the supply of Products. No other terms or conditions apply. The contract may not be modified unless The Scentuary agrees to modify it, either in writing or by email.
USER OBLIGATIONS
The User agrees, in general, to use the Store, to purchase the Products and to use each of the Store's services diligently, in accordance with the law, morality, public order and the provisions of these Terms and Conditions, and must also refrain from using them in any way that may prevent, damage or impair the normal operation and enjoyment of the Store by Users or that could injure or cause damage to the property and rights of The Scentuary, its suppliers, Users or in general any third party.
To place an order you must be at least 18 years old.
PRODUCTS AND PRICES
The Scentuary reserves the right to decide, at any time, the Products offered to Users through the Store. In particular, The Scentuary may at any time add new Products to those offered in the Store, it being understood that unless otherwise provided, such new Products shall be governed by the provisions of these Terms and Conditions. Furthermore, The Scentuary reserves the right to cease providing or facilitating access and use of any of the different types of Products offered in the Store at any time and without prior notice. The Products included in the Store will correspond as faithfully as possible to the Products actually offered, as web display technology allows. However, it should be noted that handcrafted products may be subject to slight variations inherent to the manual manufacturing process. The characteristics of the Products and their prices appear in the Store. The prices indicated in the Store are in Euros and include VAT, unless otherwise indicated.
Products purchased through the online Store are not subject to “Tax Free”.
SUPPLY AND PAYMENT OF PRODUCTS
The User who purchases a product through the Store must make payment through the payment systems specifically detailed in the Store.
The user who purchases a product through the store must make payment through the payment systems specifically detailed in the online store.
Any order placed on The Scentuary website must be paid immediately before confirmation of your order under the available payment methods.
As soon as possible and within a maximum period of twenty-four (24) business hours, The Scentuary will send an email to the user confirming the purchase.
In accordance with Article 18 of Royal Decree 403/2020, of March 14, 2020, transport operators are considered CRITICAL OPERATORS OF ESSENTIAL SERVICES. Therefore, in a state of alarm, they will be obliged to take the necessary measures to ensure the provision of Services. In this sense, the DELIVERY of all shipments to HOSPITALS, HEALTH CENTERS, PHARMACIES and even private homes, that CONTAIN PRODUCTS NECESSARY FOR PEOPLE'S HEALTH, is a priority.
The Scentuary will archive the electronic documents in which the purchase contract is formalized, understood as such the User Order and the Order Confirmation. These documents will be written in Spanish.
The Order Confirmation sent by The Scentuary is not valid as an invoice, only as proof of purchase.
The prices of the items are specified in each product sheet. The Scentuary reserves the right to change prices at any time, in which case the valid price will be the price as of the date of the online purchase.
Although The Scentuary will make every effort to supply you with the Products listed in your Order Confirmation, there may be occasions when it is impossible to supply such Products due to, for example, that such Products are no longer manufactured, are no longer available, or it is impossible to obtain the Products or any of their components from the manufacturer or distributor.
With reference to the previous paragraph, we inform you that there are products such as gifts and samples that cannot be sent in 100% of cases in the form of click&collect collection, please consult our customer service once you have placed your order.
The gifts with purchase linked to the product and the samples that make up the try&buy service are exclusive to the website. These products/services will not be guaranteed in sales made directly at The Scentuary's physical sales establishment.
RIGHT OF WITHDRAWAL
The user has a right of withdrawal by which he/she may contact The Scentuary via email at the following address: info@scentuary.com and withdraw from the purchase within a period of no more than fourteen (14) business days, counted from the receipt of the Products. The Products must be sent once you have requested collection through "my account" on the www.scentuary.com page and it has been authorized together with a copy of the delivery note or invoice, duly completed, with the User or buyer being responsible for the costs of returning the Product, including transportation, fees, duties and other taxes that may be incurred as a result of the return.
The right of withdrawal cannot be exercised when the products have been opened, used or are not returned in their original packaging and are in perfect condition.
Right of withdrawal form
RETURN OF DEFECTIVE PRODUCTS
Once the purchase has been made, The Scentuary accepts exchanges and returns of the Products, except in the case that the Products are defective, or when the User withdraws in accordance with the procedure established in these Conditions and Terms.
The return must be made within 15 days following the date of confirmation of purchase. All Products to be returned must be in the same condition in which they were delivered, with the original packaging and labels. The Scentuary will determine if the products are in the same original condition when they are returned. Items that are returned incomplete, spoiled, damaged, deteriorated or dirty will not be refunded.
In cases where all the return conditions are not met, The Scentuary will not be able to accept the return and will inform the User of this by email. Rejected items will remain at the customer's disposal for 2 months. The customer may collect them with prior notice from The Scentuary or request their shipment, assuming all costs of the new delivery.
The shipping costs associated with the return (including duties, customs fees, and similar) will be assumed by the User.
In the event of delivery of a defective product, The Scentuary will make every effort to replace the product with an identical or similar one. Once the correct execution of the return and compliance with the terms and conditions of return have been verified, The Scentuary will proceed to activate the replacement or refund mechanisms. If the customer does not wish a replacement product and opts for a refund, the payment of the amount corresponding to the refund will be made in the same way as the customer made the payment. Once the order has been placed by The Scentuary, the actual payment will be the exclusive responsibility of your bank. In the event of loss or damage to the Products, or delay in shipment, the responsibility will lie with the transport company and the Terms and Conditions of Transport will apply, exempting The Scentuary from any liability to the User.
CUSTOMER SERVICE
For any incident, claim or exercise of rights, the User may send an email to info@scentuary.com
HOME DELIVERY SERVICE
The territorial scope is mainland Spain. The Products purchased through the Store will be sent to the delivery address indicated by the User once payment has been verified. The maximum delivery period is the thirty (30) days established by default by law.
The Scentuary delivery service is carried out in collaboration with various prestigious logistics operators. Orders will not be delivered to PO Boxes, hotels or other non-permanent addresses. The cost of shipping is not included in the price of the Products. At the time of purchasing the Products, the User will be informed of the exact shipping cost. Expenses corresponding to tariffs and customs are not included in the price of the Products and, if applicable, will be paid by the User.
The customer agrees to provide an address where the delivery of the order can be made during normal merchandise delivery hours. In the event of failure to comply with this obligation, The Scentuary will not be liable for any delay or failure to deliver the requested order.
Shipping costs include the specific insurance offered by the carrier. In the event of loss or damage, the User may be entitled to compensation. Such compensation will be subject to the corresponding claim by You to The Scentuary and by The Scentuary to the company responsible for the shipment and will be effective only in the event of a response from said company assuming responsibility for the loss or damage and payment actually made by the latter as compensation in accordance with the conditions of the insurance included in its services.
At The Scentuary we do not serve the Canary Islands, Ceuta and Melilla.
SPONSOR YOUR FRIENDS
Using the "Sponsor Code" field, a new user can enter their sponsor's coupon code during registration and/or checkout and receive up to €8 for themselves and their sponsor. This coupon will be redeemed immediately through the website's shopping cart.
Only the first user to register all guests will be eligible, granting a total reward of up to €8 maximum. The reward will be issued one day after your godchild registers. There is no minimum purchase associated with this campaign. scentuary.com reserves the right to validate or not the registration in case of fraud or validation errors.
This campaign is only valid for all users who have registered on the website and have given their express consent.
All registered users can only invite friends; they can never be sponsored. Inviting friends can be done through any channel, as all you need to do is forward, mention, or have your sponsor's code.
INTELLECTUAL AND INDUSTRIAL PROPERTY
The User acknowledges that all elements of the Store and each of the Products, the information and materials contained therein, the brands, the structure, selection, arrangement and presentation of their contents, and the computer programs used in connection with them, are protected by intellectual and industrial property rights of The Scentuary itself or of third parties, and that the General Conditions do not attribute to the User any right with respect to said industrial and intellectual property rights other than those specifically contemplated therein.
Unless authorized by The Scentuary or, where appropriate, by the third party owners of the corresponding rights, or unless legally permitted, the User may not reproduce, transform, modify, disassemble, reverse engineer, distribute, rent, lend, make available, or allow access to the public through any form of public communication of any of the elements referred to in the preceding paragraph. The User must use the materials, elements, and information accessed through the Store solely for his or her own needs, and undertakes not to engage in any direct or indirect commercial exploitation of the materials, elements, and information obtained through them.
APPLICABLE LAW AND JURISDICTION
These general conditions are governed by Spanish law and are available to any regulatory body in the country or autonomous community. Any dispute arising from the interpretation or execution of this contract that may arise in relation to the validity, interpretation, compliance, or termination of this contract shall be subject to the jurisdiction and competence of the Courts and Tribunals of the City of Madrid, where the body with the most capacity to make these decisions is determined, always within the country where the advertising and sale of the product takes place.
Measures related to the sale of products:
Affecting both physical and online stores, Article 21 of the Royal Decree-Law establishes that, during the state of emergency or any possible extensions, the deadlines for returning products purchased by any means, whether in person or online, are suspended, and will resume when the state of emergency expires. Although the wording of this provision may be somewhat confusing, the preamble to the Royal Decree-Law apparently justifies this measure based on consumers' legal right to withdraw from purchased products, the current deadline for which is fourteen calendar days. Notwithstanding the foregoing, conflicts of interpretation cannot be ruled out in the event of a conventional extension of the indicated deadline (a fairly common practice in both in-person and online sales) and even for the purposes of calculating deadlines in the case of returns arising from the legal warranty regime for the purchase of defective products or when dealing with commercial guarantees undertaken by the seller.
ODR PLATFORM - Online Dispute Resolution:
Due to the extrajudicial resolution of conflicts in accordance with article 14 of EU regulation 524/2013, The Scentuary has a direct link to the platform: LINK TO ODR PLATFORM, to offer the direct solution route to official bodies.