TERMS & CONDITIONS

Last updated 12 March, 2019

1. USE OF THIS SITE

   
   Welcome to ("Site" or "Scentclair"). This Site is owned and operated by Mondes Scentclair Private Limited ("Scentclair"), a company incorporated under the provisions of the Companies Act, 2013. You may be accessing our Site from a computer or mobile phone device and these Terms of Use govern your use of our Site and your conduct, regardless of the means of access. The Site is only to be used for your personal non-commercial use and information. Your use of the services and features of the Site shall be governed by these Terms and Conditions (hereinafter "Terms of Use") along with the Privacy Policy, Shipping Policy and Cancellation, Refund and Return Policy (together "Policies") as modified and amended from time to time. By mere accessing or using the Site, you are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If you do not agree to any of the terms enumerated in the Terms of Use or the Policies, please do not use the Site. You are responsible to ensure that your access to this Site and material available on or through it are legal in each jurisdiction, in or through which you access or view the site or such material. Scentclair reserves the right to change the particulars contained in the Terms of Use or the Policies from time to time and at any time, without notice to its users and in its sole discretion. If Scentclair decides to change the Terms of Use or Policies, Scentclair will post the new version of the Terms of Use or the Policies on the Site and update the date specified above. Any change or modification to the Terms of Use and the Policies will be effective immediately from the date of such upload of the Terms of Use and Policies on the Site. Your continued use of the Site following the modifications to the Terms of Use and Policies constitutes your acceptance of the modified Terms of Use and Policies whether or not you have read them. For this reason, you should frequently review these Terms of Use, our Guidelines and Rules and any other applicable policies, including their dates, to understand the terms and conditions that apply to your use of the Site.

2. PRIVACY PRACTICES

   
   We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy, to ensure that your personal information is sufficiently protected. Apart from these Terms of Use, the Privacy Policy shall also govern your visit and use of the Site. Your continued use of the Site implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions. You consent to the use of personal information by Scentclair in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Scentclair.

3. YOUR ACCOUNT

   
   This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. Scentclair or its associates do not knowingly collect information from minors. You will be responsible for maintaining confidentiality of your account, password, and restricting access to your computer, and you hereby accept responsibility for all activities that occur under your account and password. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party. If you are accessing, browsing and using the Site on someone else’s behalf; you represent that you have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, you agree to accept liability for any harm caused by any wrongful use of the Site resulting from such access or use of the Site. If you know or have reasons to believe that the security of your account has been breached, you should contact us immediately at the 'Contact Information' provided below. If we have found a breach or suspected breach of the security of your account, we may require you to change your password, or suspend your account without any liability to Scentclair. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms of Use are violated or if we decide, in our sole discretion, that it would be in Scentclair’s best interests to do so. You are solely responsible for all content that you upload, post, email or otherwise transmit via the Site. The information provided to us shall be maintained by us in accordance with our Privacy Policy.

4. PRODUCTS AND PRODUCT INFORMATION

   
   Scentclair attempts to be as accurate as possible in the description of the product on the Site. However, Scentclair does not warrant that the product description, colour, information or other content of the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. Scentclair reserves the right to correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability. The products available on the Site, including any samples Scentclair may provide to you, are for your personal use only. You may not sell or resell any products you purchase or otherwise receive from Scentclair.

5. PRODUCT USE & SERVICES

   
   The products and services available on the Site, and the samples, if any, that Scentclair may provide you, are for your personal and/or professional use only. The products or services, or samples thereof, which you may receive from us, shall not be sold or resold for any/commercial reasons. In case any products or beauty services purchased / received / availed causes side effects or doesn’t suit you, please note that Scentclair is in no manner responsible for any manufactural side-effects or service provider and manufacturer or service provider of the product or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products and beauty services and consult a specialist before the use of the same.

6. RECOMMENDATION OF THE PRODUCT& SERVICES

   
   Any recommendation made to you in the Site during the course of your use of the Site is purely for informational purposes and for your convenience and does not amount to endorsement of the product or services by Scentclair or any of its associates in any manner.

7. INTELLECTUAL PROPERTY RIGHTS

   
   The "Scentclair" name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of Scentclair. All other Marks provided on the Site are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any Marks in any manner. Marks displayed on this Site, whether registered or unregistered, of Scentclair or others, are the intellectual property of their respective owners, and Scentclair shall not be held liable in any manner whatsoever for any unlawful, unauthorized use of the Marks. The Site and its content, including without limitation any patents, copyrights, trademarks, inventions or any other intellectual property rights, are owned by Mondes Scentclair Private Limited, or our affiliates, partners or licensors. All content available on the site, including but not limited to text, graphics, logos, buttons, icons, images, audio, video, data compilations and software, and the compilation thereof, and the look and feel of the site, is the copyright and property of Mondes Scentclair Private Limited our affiliates, partners or licensors, and is protected by Indian copyright laws and international treaties.

8. LIMITED LICENSE

   
   Scentclair grants you limited, non-exclusive, non-transferable, non-sublicensable license to access, and make personal and non-commercial use of the Site. All rights not expressly granted to you in these Terms of Use, are reserved and retained by the Site and its affiliates. Scentclair reserves the right, at any time, without notice, and at its sole discretion, to terminate your license to use the Site and to block and prevent your future access the Site.

9. REPRESENTATIONS AND WARRANTIES

   
   This Site is provided to you "AS IS". We make no representations regarding the use of or the result of the use/depiction of the Contents on the Site in terms of their correctness, accuracy, reliability, or otherwise. Scentclair shall not be liable for any loss suffered in any manner by the user as a result of depending directly or indirectly on the depiction of the Content on this Site. You acknowledge that this Site is provided only on the basis set out in the Terms of Use. Your uninterrupted access or use of this Site on this basis may be prevented by certain factors outside our reasonable control including, without limitation, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on this Site. Scentclair shall have the right, at any time, to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site may discontinue disseminating any portion of information or category of information. Scentclair does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site.

10. LINKS AND THIRD PARTY SITES

    
    References on the Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you. This does not in any way constitute or imply Scentclair endorsement, sponsorship or recommendation of the third party, information, product or service or any association and relationship between Scentclair and those third parties. Scentclair is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. Scentclair do not assume any responsibility for examining or evaluating the offerings of the off-websites pages or any other websites linked from the Site. We shall not be responsible for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit via the Site.

11. SUBSCRIPTIONS AND ORDERS

    
    The products and subscription available on the Site can only be delivered within India. We do not deliver to any other country. Make sure to provide us with the correct shipping information and to update shipping information if you move. The Site may offer certain products or services that require you to purchase a subscription for a period of time as specified during purchase (collectively a "Subscription"). In connection with any and all orders or Subscriptions that you select to purchase you must provide us with a current, valid, accepted method of payment, which may change from time to time ("Payment Method"). If you wish to cancel your subscription, you may do so by visiting your account page and clicking on “Cancel Subscription.” If you cancel, you may use your Subscription until the end of your then-current subscription term which has been paid in full.

12. RETURN AND REFUND POLICY

    
    There are no returns for perfumes. There are no returns for perfumes shipped according to subscription plan. We do not offer refunds or returns. In case you cancel your subscribed subscription plan then the remaining months’ balance will be credited to your wallet, which you can use to buy other products offered on the Site.

13. PRODUCT GUARANTEE AND PACKAGING

    
    All of the products available on the Site are genuine designer fragrances and beauty products. Our Site has absolutely NO imitations or knock-offs. HOWEVER, WE ARE NOT ASSOCIATED WITH THE DESIGNER OR THE DESIGNER'S PERFUME MANUFACTURER IN ANY WAY AND HAVE NO AGREEMENT OR ARRANGEMENT WITH THEM AUTHORIZING US TO REPACKAGE THE PERFUME.

14. INDEMNITY

    
    You agree to defend, indemnify and hold harmless Scentclair, its employees, directors, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Scentclair or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under the Terms of Use, or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

15. GOVERNING LAW AND JURISDICTION

    
    The Terms of Use and the Policies shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at Delhi shall have exclusive jurisdiction. Any dispute or difference either in interpretation or otherwise, of the Terms of Use and other Policies on the Site, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of arbitration shall be held in Delhi. Scentclair shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

16. GENERAL

    
    You acknowledge and hereby agree to these Terms and Conditions and that it constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change/ alter/ modify these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site thereafter constitutes your agreement to all such changed Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole but these Terms and Conditions shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision. The headings in the Terms and Conditions are for convenience only and shall not be used in its interpretation.

17. Questions?

    
    If you have any questions regarding these Terms and Conditions, please email us at hello@scentclair.com

18. Contact Information

    
    Email: hello@scentclair.com
    Phone: +91-9914868686