Terms & Conditions
TERMS AND CONDITIONS OF SALE
These terms and conditions will apply when you place your order with us.
These terms and conditions make repeated use of certain terms which we have defined in condition 12.
Before you place your order, we reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on this website and it is your responsibility to read these terms and conditions on each occasion you use this website.
Please print these terms and conditions and any email we send you for future reference.
SPECIFICATION OF GOODS
All sizes and measurements stated by us in relation to the goods are approximate only.
We are unable to guarantee that the materials in the goods delivered to you:
a. accurately reflect the colours displayed on this website, due to variations in light and colour between different computer monitors;
b. will be the same from one item to another in the case of matching sets, due to slight variations in dye lots.
If an accurate colour matching is required, we recommend that you order a sample from us before placing your order.
PRICE AND PAYMENT
The price you pay is the price displayed on this website at the time we receive your order. Any price displayed on this website shall be subject to change at any time.
All prices are shown in US $s dollars and include sales tax (where applicable) at the applicable current rate.
Whilst we try to ensure that all prices on this website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat your order as cancelled.
Title to any goods shall pass to you on delivery of the goods provided that we have processed and received payment in full for the goods.
ORDER PROCESS AND CONTRACT FORMATION
The steps required to create a contract of sale between you and us are as follows:
a. on this website, you will be guided through the process of placing your order by a series of simple instructions;
b. you will place your order by pressing the order confirmation buttons during the check out process;
c. because many of our goods are custom made to your specifications, we take payment from you at the time you place your order, using the credit or debit card details supplied by you during the checkout process. Please note that this payment is not an acceptance by us of your order or evidence of any contract;
d. Your order is always subject to our acceptance;
e. Where delivery of the goods is made to mainland United States, acceptance of your order and the completion of the contract between you and us will only take place when we issue your order acceptance email detailing the goods and the price and a reference to these terms and conditions;
f. Where delivery of the goods is made to the Alaska and Hawaii, acceptance of your order and completion of the contract between you and us will only take place when we have agreed with you and processed any additional delivery charges.
Delivery of goods can only be made to mainland US addresses. Subject to condition 4.1(f), we can also deliver to Alaska and Hawaii. For the avoidance of doubt, delivery to these locations shall always be made as part of a non standard delivery service.
All goods must be signed for by an adult aged 18 years or over on delivery.
Delivery charges and estimated timescales are detailed in this website and when you place your order. We make every effort to deliver your order within the estimated timescales communicated to you and in any event within 30 days of the date of order. However postal delays are occasionally inevitable due to unforeseen factors.
Risk of loss and damage to your order passes to you on the date when the goods are delivered or on the date of first attempted delivery by us.
We will never supply you with substitute goods.
CANCELLATION RIGHTS AND RETURNS
Where the goods are "made to measure" you shall have no right to amend or cancel your order, return the goods or seek any refund of the price paid by you from us. This is because when we receive your order, the manufacturing process begins immediately and the goods are manufactured to your exact specification. Accordingly, pursuant to Regulation 13(1)(c) of the Consumer Protection (Distance Selling) Regulations 2000, conditions 7.2, 7.3 and 7.4 shall not apply in this case.
Where condition 7.1 does not apply, you may cancel your order no later than 21 days after the date of delivery of the goods by delivering a cancellation notice to our returns address us at:
If you cancel your order:
a. you must at your own cost and expense, return the goods to us at our returns address detailed in condition 7.2, unless they are not of satisfactory quality, fit for purpose:
i. we shall arrange for the goods to be collected from you at our own cost and expense: or
ii. we will reimburse you the reasonable delivery costs incurred by you in returning the goods to us.
b. you must re-pack and take reasonable care of the goods whilst they are in your possession;
c. within 30 days of your cancellation of your order, we shall provide you with a refund of the price paid for the goods, less any price paid by you a non standard delivery service.
All of our goods are guaranteed against defects in manufacture and material from delivery for a period of 6 months.
Should any defect arise during any warranty period, we shall at our expense, repair or replace the defective goods (or any part of them) on a like for like basis, provided that the defect has not arisen as a result of:
i. fair wear and tear;
ii. misuse or abuse;
iii. non domestic or business use;
iv. the goods being installed except as otherwise in accordance with accompanying written instructions or good industry practice.
Any contract between you and us shall be governed by the laws of the United States and any dispute between us will be resolved exclusively in the courts of the United States.
Our maximum liability to business users arising out of or in connection with the goods shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
512 S. Dixie Hwy
If you have any questions regarding this website, these terms and conditions, or your order, please contact us using the details below:
512 S. Dixie Hwy
Hallandale, FL 33009
In these terms and conditions:
"we", "us" or "our": means Scented Potions;