General terms and conditions of sale
OVERVIEW
This website is operated by KELY'S AROMA. Throughout this site, the terms "we," "us," and "our" refer to KELY'S AROMA. KELY'S AROMA offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting this website and/or purchasing one of our products, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service," "Terms and Conditions of Sale and Use," "Terms"), including the additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of this website, including, but not limited to, users who browse the site, are vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you must not access the website or use the services offered on it. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
All new features and tools added to this store in the future will also be subject to these Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change, or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell you our products and services.
ARTICLE 1 – TERMS OF USE OF OUR ONLINE STORE
By accepting these Terms and Conditions of Sale and Use, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor dependent on you to use this website.
Using our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms, viruses, or any other code of a destructive nature.
Any breach or violation of these General Terms and Conditions of Sale and Use will result in the immediate termination of your Services.
ARTICLE 2 – GENERAL CONDITIONS
We reserve the right to refuse access to services to any person at any time, for any reason whatsoever.
You understand that your content (excluding your credit card information) may be transferred unencrypted, and this includes (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website through which the Service is provided, without our express prior written permission.
The headings used in this agreement are included for your convenience and will not limit or otherwise affect these Terms.
ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is inaccurate, incomplete, or outdated. The content of this site is provided for general information purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete, and up-to-date sources. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain some historical information. This historical information, by its very nature, is not current and is provided for reference purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
ARTICLE 4 – CHANGES TO SERVICE AND PRICES
Our product prices are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.
We will not be liable to you or any third party for any price changes, suspension, or discontinuance of the Service.
ARTICLE 5 – PRODUCTS OR SERVICES (if applicable)
Some products or services may be available exclusively online through our website. These products or services may be available in limited quantities and are subject to returns or exchanges only in accordance with our Return Policy.
We have done our best to display the colors and images of our products as accurately as possible on our website. However, we cannot guarantee that your computer monitor's display of colors will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
We do not guarantee that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, nor that any errors in the Service will be corrected.
ARTICLE 6 – DELIVERY TIMES
We take 2 to 3 business days to process and prepare orders, then:
- 2 to 4 working days on average to deliver it in France;
- 4 to 6 working days for the Rest of Europe.
ARTICLE 7 – RIGHT OF WITHDRAWAL
You will have the right to withdraw, without giving any reason, within fourteen (14) days after the day on which you, or a third party designated by you for this purpose, takes physical possession of the goods or, where applicable, of the last lot or piece.
To exercise your right of withdrawal, you must notify us by email:
- your name, your geographical address and, where available, your telephone number and email address;
- as well as your decision to withdraw by means of an unambiguous statement (letter, email).
To be eligible for a return, your item must be unused and in the same condition that you received it. It must also be in its original packaging.
We will process the refund using the same payment method you used for the initial transaction. With your explicit consent, another method may be used. In any case, this refund will not incur any fees for you.
The Seller reserves the right to defer the refund until receipt of the returned package(s), or until the customer has provided proof of shipment of the package(s) in question.
7.1. Referral – Make a referral
In the event of withdrawal by the customer, the customer must return or hand over the goods without undue delay and, in any event, no later than fourteen (14) days following the communication of the withdrawal.
The consumer will have to bear the return shipping costs.
ARTICLE 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting you at the email address and/or billing address/phone number provided when the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate order and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Return Policy.
ARTICLE 9 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we have no monitoring, control, or influence.
You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or related to your use of these optional third-party tools.
If you use the optional tools offered on the site, you do so at your own risk and discretion, and you should review the terms under which these tools are offered by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features on our site (including new tools and resources). These new features and services will also be subject to these Terms and Conditions of Sale and Use.
ARTICLE 10 – THIRD-PARTY RELATIONSHIPS
Some content, products, and services available through our Service may include elements from third parties.
Links from third parties on this site may redirect you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any liability for any content, website, product, service, or other item accessible on or from these third-party sites.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
ARTICLE 11 – USER COMMENTS, SUGGESTIONS AND OTHER PROPOSALS
If, at our request, you submit specific content (for example, to enter contests), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are not and shall not be obligated (1) to maintain any comments in confidence; (2) to pay compensation to anyone for any comments provided; or (3) to respond to any comments.
We may, but are under no obligation to, monitor, modify, or remove content that we determine, in our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any intellectual property rights or these Terms and Conditions of Sale and Use.
You agree to post comments that do not violate the rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree that your comments will not contain unlawful, defamatory, offensive, or obscene material, nor will they contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, impersonate any other person, or otherwise mislead us or any third party as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We assume no liability and accept no responsibility for any comments posted by you or any third party.
ARTICLE 12 – PERSONAL INFORMATION
The submission of your personal information on our store is governed by our Privacy Policy.
ARTICLE 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, 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 any information in the Service or on any related website is inaccurate, at any time without prior notice (including after you have submitted your order).
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specified update or refresh date in the Service or on any related website should be taken to indicate that information in the Service or on any related website has been modified or updated.
ARTICLE 14 – PROHIBITED USES
In addition to the prohibitions set forth in the General Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state ordinance, law, rule, or regulation; (d) to infringe upon or violate our intellectual property rights or those of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related or independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, crawl, scrape, or scan the web (or any other resource); (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating these prohibited uses.
ARTICLE 15 – EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or claim in any way that your use of our Service will be uninterrupted, fast, secure, or error-free.
We do not guarantee that the results that may be obtained through the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services provided to you through the Service are (unless expressly stated otherwise by us) provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, express or implied, including all implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
KELY'S AROMA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall in no event be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind whatsoever, including but not limited to loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (even negligence), strict liability, or otherwise, arising out of your use of any service or product from this Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind arising out of the use of the Service or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility that they occur. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
ARTICLE 16 – COMPENSATION
You agree to indemnify, defend and hold harmless KELY'S AROMA, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms and Conditions of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
ARTICLE 17 – SEVERABILITY
In the event that any provision of these General Terms and Conditions of Sale and Use is deemed to be illegal, void or unenforceable, that provision may nevertheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these General Terms and Conditions of Sale and Use, such severance not affecting the validity and enforceability of any other remaining provisions.
ARTICLE 18 – TERMINATION
The obligations and responsibilities incurred by the parties prior to the termination date shall remain in effect after the termination of this agreement for all purposes.
These Terms and Conditions of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If we determine, in our sole discretion, that you have failed, or if we suspect that you have failed, to comply with the terms of these General Terms and Conditions of Sale and Use, we may also terminate this agreement at any time without prior notice to you and you will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).
ARTICLE 19 – ENTIRE AGREEMENT
Any failure by us to exercise or enforce any right or provision of these General Terms and Conditions of Sale and Use shall not constitute a waiver of such right or provision.
These General Terms and Conditions of Sale and Use or any other operating policies or rules that we post on this site or in relation to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, whether oral or written, between you and us (including, but not limited to, any prior versions of the General Terms and Conditions of Sale and Use).
Any ambiguity in the interpretation of these General Terms and Conditions of Sale and Use shall not be construed against the drafting party.
ARTICLE 20 – APPLICABLE LAW
These General Terms and Conditions of Sale and Use, as well as any other separate agreement through which we provide you with Services, will be governed by and construed in accordance with applicable laws.
ARTICLE 21 – CHANGES TO THE GENERAL TERMS AND CONDITIONS OF SALE AND USE
You can view the most recent version of the General Terms and Conditions of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions of Sale and Use constitutes acceptance of those changes.
ARTICLE 22 – CASES OF FORCE MAJEURE
Given its "unpredictable, irresistible and external" nature, KELY'S AROMA declines all responsibility in case of delays in the delivery of packages.
ARTICLE 23 – CONTACT INFORMATION
Questions regarding the General Terms and Conditions of Sale and Use should be sent to: info@kelysaroma.com