TERMS AND CONDITIONS

MyScents Inc. (“Myscents” or “we” or “us”) reserves the right to change these terms and conditions at any time, and you agree that each visit you make to the MyScents.ca web site (the “Website”) shall be subject to the current terms and conditions as published on our website at https://www.myscents.ca/terms-of-services/

General Terms of Service

By accessing the Website, you are agreeing to be bound by these Website Terms of Service and all applicable laws and regulations, and you agree that you are solely responsible for compliance with any applicable local laws. If you do not agree with any of these terms, do not use this site. Any claim relating to the Website shall be governed by the laws of the Province of Ontario, Canada. The materials contained on the Website are protected by applicable copyright and trademark laws.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY IN THIS DOCUMENT. By clicking your agreement to these Terms of Service, which is a pre-condition of your registration for the Services you, on behalf of yourself and your heirs and successors, are confirming your acceptance of the Agreement as a whole, on your own behalf and on behalf of any entity for whom you are acting on behalf of. If you do not agree to the Terms of Service you will not be able to register for the Website and/or use the services. The Terms of Service apply whenever you visit the Website whether or not you have chosen to register with us. If you do not agree with all of the provisions of this Agreement, you cannot use and should immediately cease using, the Website and/or the services.

No Endorsement of Third Party Content

The Website may contain links to and/or frames of third party websites or third party content that are not operated or maintained by us (“Third Party Sites”). We are not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. Product and service information on Third Party Sites are the sole responsibility of each individual vendor or operator of such Third Party Site.  The inclusion of such links and frames on the Website does not imply endorsement of such sites or any content, information, material, products or services provided on such sites.  You will need to make your own independent judgment regarding your interaction with these linked sites. We make no representations whatsoever concerning; (a) the information, software or other material appearing on, or accessible through, any Third Party Site (including without limitation, any advertising for products or services on any Third Party Site), (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof), or (d) the sellers of any products or services advertised or sold on or through any Third Party Site. If you decide to access any of the Third Party Sites linked to the Website, you do so entirely at your own risk. If you are accessing a Third Party Site through a link on our Website, you are advised to read the Terms of Service and privacy policy of such Third Party Site before you use such Third Party Site.

Disclaimer and Limitation of Liability

THE PRODUCTS, SERVICES, MATERIALS AND INFORMATION CONTAINED ON OUR WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. In no event shall we or our service providers, affiliates, associates, subsidiaries or partners be liable for any damages, including, without limitation, damages for loss of data or profit, personal injury, or due to business interruption, arising out of the use of or inability to use the materials contained on our Website, even if we have been notified of the possibility of such damage. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer of liability applies to any damages or injury caused by any product sold through the Website, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.

Limited License

We hereby grant you a limited license to view on your computer any content made available on our Website for which a fee is not charged, for non-commercial, personal, or educational purposes only. No other use is permitted.

Without limiting the generality of the foregoing you may not make any commercial use of such content or copy or host such content on your or any other person’s web site or FTP server. Nothing contained in this limited license shall be deemed as conferring any right in any copyright, trademark, trade name, or other proprietary right of ours or any other party who owns or has proprietary rights to the content, information and materials provided on our Website.

Preservation of Intellectual Property Rights

All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by us or by other parties that have licensed or authorized their material to us. Material from this Website or from any other website owned, operated, licensed or controlled by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server, or network environment is prohibited.

Changes and Improvements

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Service, at any time. It is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Service, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.

Privacy Policy

Our Privacy Policy applies to use of this Website, and its terms are made a part of these Terms of Service by this reference. To view our Privacy Policy, click here. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure.

Jurisdictional Issues

Due to the nature of the Internet, it is not possible for us to restrict access to the Website only to the jurisdiction where we are located. Some or all of the products and services, which are provided through the Website may not be eligible for solicitation or sale in your jurisdiction. If you are accessing this Website from such a jurisdiction, you should not consider anything on this Website as an advertisement or as a solicitation to the public to purchase any product or service from us. This Website is for use only by persons residing in jurisdictions where such products and services may legally sold.

This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada and the parties hereby irrevocably and exclusively attorn to the jurisdiction of the courts of Ontario Canada, at Toronto.

Miscellaneous

If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service, so that these Terms of Service shall remain in full force and effect. These Terms of Service constitute the entire agreement between you and us with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Provider with respect to such use are hereby superseded and cancelled. These Terms of Service shall not be interpreted or construed to confer any rights or remedies on any third parties.

User Accounts

In order to become open an account, you must submit all information required by us at the time or registration (“Registration Information”). Registration Information may include your name, address, telephone number, and email address. At all times you must ensure that the Registration Information is complete and accurate.

In order to create a successful account on our Website you must confirm your account with the email you sign up with. If you do not successfully validate your account may not be opened.

If you become open an account with us, we will provide you with a Website Account accessible with a User ID and Password.  You must ensure that your User ID and Password are kept confidential.  You must notify us in writing immediately if you become aware of any unauthorized use of your Account or Password.  You are responsible for any activity on our Website arising out of any failure to keep your Password confidential, and may be held liable for any losses arising out of such a failure.  You must not use any other person’s User ID or Password to access our Website unless you have that person’s express permission to do so.  We may disable your User ID and Password in our sole discretion without notice or explanation. Only one (1) Account is permitted per person.

You may not use the Website in any manner that could damage, disable, overburden or impair the Website in any way. You may not upload, post or otherwise transmit any materials on the Website that would negatively impact the functioning of the Website, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. You may not use any process or program to monitor, copy, summarize or otherwise extract information from the Website. Violations of system and network security may result in civil or criminal liability. Should we deem you to be in breach of this provision, we will terminate your access to your Account. We do not warrant that the Website will always be free of viruses or other harmful mechanisms.

Payment of Products, Shipping Charges, Refund Policies, Taxes, & Duty Taxes:

You are solely liable for the full payment of all products purchased through our Website . You are also solely responsible for any applicable additional charges such as shipping charges, taxes, duties, processing and/or brokerage fees . These charges will be charged accordingly on the product(s) you purchase from our Website. By ordering any product or service from our Website, you are agreeing to comply with our Terms of Service.

MY SCENTS INC. CHARGES CANADIAN CUSTOMERS TAX ACCORDING TO THEIR PROVINCIAL TAX JURISDICTION, AND ALSO CHARGES NEW YORK STATE SALES TAX IF THE DESTINATION OF YOUR PARCEL IS WITHIN NEW YORK, U.S.A. ADDITIONAL, TAXES MAY BE PAYABLE FOR RESIDENTS OF OTHER STATES AND INTERNATIONAL JURISDICTIONS ACCORDING TO THE DESTINATION COUNTRIES APPLICABLE SALES TAX AND/OR DUTY TAX RULES. WE HAVE NO CONTROL OVER THESE CHARGES IF APPLICABLE AND WE ARE NOT RESPONSIBLE FOR SUCH ADDITIONAL CHARGES IF APPLICABLE. YOU ARE SOLELY RESPONSIBLE FOR THESE ADDITIONAL TAXES AND/OR DUTY CHARGES IF THEY ARISE FROM ANY OF YOUR PROCESSED ORDERS AND THESE TERMS SHALL ALSO APPLY FOR A TWO WAY SHIPPING METHOD IF THERE WAS DUTY TAX APPLIED IN THE PROCESS OF A REFUND, OR SHIPPING CHARGES.

Your total price, which you agree to be charged for, is the total of all products(s) in your cart during your “Check Out” process once completed successfully plus any shipping charges according to your location or the destination where you would like to send the product(s) purchased by you together with any applicable taxes and/or duties.  All clearance sales are final. Prices for all products may change at any time without a notice of price change. We do not provide any shipping insurance. We work with third party shipping carriers such as (USPS, UPS, FEDEX, TNT, DHL, CANADA POST). and such third parties may provide insurance, which we are not responsible for.

If a product becomes unavailable and/or we are unable for whatever reason to fulfil your order, we will use commercially reasonable efforts to notify you, and you will may either accept a full refund of your order or wait for a backorder to become available. By choosing the backorder option you are authorizing us to hold your funds for the product(s) that is on backorder and will be shipped once the product is available in stock. You have the choice to request and cancel your backorder by emailing us or contacting us by phone for a full refund, prior to the processing of the backorder.

Product Description:

Sometimes there may be a product description error. For example, a product may be listed as a 98ML in quantity on our website, but a customer may receive the package and it may be a 100ML in quantity. Such inconsistencies may occur due to the fact we are making it easier for our customers to understand the quantity of a desired product(s) they’re purchasing by converting everything from ounces (OZ) to milliliters (ML). We are not responsible for any deficiencies in the volume of product contained in your order except that we may offer a refund in accordance with our refund policies.

Pricing Errors:

We carry multiple brands within their marketplace, and handle product(s) updates for thousands of products on a daily basis. Notwithstanding the fact with employ commercially reasonable efforts, pricing errors may sometimes occur. We and our merchant partners reserve the right to cancel any orders containing price errors.

Availability & Out of Stock Inventory:

We have over eight thousand products listed for sale. However, not all products may be in stock, and ready to ship. It is not likely that right after you place an order the shipment will be sent out for delivery right away. If in any case there is an “Out of Stock” situation we will notify you as soon as reasonably possible. This is due to the fact inventory can, and will change on a daily basis. In some instances, it may be the case that certain product(s), even once ordered, may not be immediately available (i.e., it may be sold out, it may be in transit to one of our locations for restocking, and so on). In such a scenario, we will notify you by email or via phone.

Payment Information:

We accept the following methods of payment:

Credit Card Type Accepted: Visa, MasterCard, Discover, American Express, and Diners Club International.

Coupons & Special Promotions:

Any valid and non-expired coupon promotional code which you are entitled to use, can be used once per transaction on our Website Any multiple uses of a promotional coupon code in one transaction will not be permitted and if attempted may void your order. You will not be eligible to use more than one promo code during each transaction on our website.

My Scents Gift Cards:

We may provide Gift Cards, which allow for discounts. Furthermore, once purchased, Gift Cards are non-refundable, gift cards purchases are a final sale. Gift Cards can only be used on our Website. You are not able to purchase any Gift Cards with a My Scents Gift Card Credits; this exchange of transaction will not be accepted. Gift Cards cannot be used for any shipping purposes. There will be no refunds available for any products that are purchased with Gift Card Credits. We reserve the right to invalidate any MyScents.ca Gift Cards in accordance with applicable law. Gift Cards are non-transferrable credit. Any multiple uses of MyScents.ca Gift Cards code will be cancelled.

My Scents reserves the right to shut down any account(s) and request alternative forms of payment if a Gift Certificate is fraudulently obtained and is being used to purchase any product(s) at MyScents.ca.

MyScents.ca Gift Cards does not hold any cash value. They can only be redeemed at our website for the credit stored onto your gift card.

Breaches of the Terms of Service

Without prejudice to our other rights under these Terms of Service, if you breach these Terms of Service in any way, or if we reasonably suspect that you have breached these Terms of Service in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to the Website;

(c) permanently prohibit you from accessing the Website;

(d) block computers using your IP address from accessing the Website;

(e) contact your internet services provider and request that they block your access to the Website;

(f) bring court proceedings against you for breach of contract or otherwise;

(g) suspend and/or delete your Account with the Website.

Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different Account).

Discontinuation of Services

We reserve the right in our sole unfettered discretion, to discontinue our Website and/or Services at any time with or without notice.

My Scents is not responsible for any typo information entered during the process of creating an account by anyone. If you have a nickname on your social login and it’s used as your name on our website account, it is solely your responsibility to change it to your given name and official surname.  This applies to anyone whom had used any of the social login plugin features to create an account(s) on our website. We require the correct information for delivery, tracking, and payment processing purposes and it is your sole responsibility to provide the correct information required. We will not be responsible for any errors on your side such as not providing your correct personal information to track down whom the parcel should be delivered too. If such activity was to occur, and the shipping company cannot declare whose package it is. The parcel will be shipped back to our warehouse or our sources warehouse at your cost, Return-shipping costs may be redeemed from the actual cost of the product(s) purchased by the buyer. You will attain a refund minus any additional return shipping, and duty taxes charged in the process of a refund. We highly recommend you review your information precisely prior to processing your order(s).

Currency Converter & Exchange Rate:

Currently My Scents transactions are charged in Canadian currency. My Scents is not liable for any currency exchange through any of your payment method(s) banks. The website uses an exchange rate provided by professional financial merchant service. As your credit card, or any alternating payment method(s) may be charged in US dollars or CAD dollars, and you pay your bank in the currency your payment method(s) (VISA card) is setup to charge you. The bank will apply certain exchange rates, which you can consult with them since they’re different on a daily basis.

Banks use different exchange rates when they buy currency and when they sell the currency. When purchasing any product(s) from our website, you agree you may or may not be buying in your local currency from your bank to provide a full payment to My Scents.

Our currency converter will show you our prices in the chosen currency you decide to choose to select from the top right corner of our website at MyScents.ca. However, you selecting any different method of currency doesn’t mean you’re being charged with the currency you have/had selected during your check out process.

Tax & Duties:

Applies to Canadian customers:

Canadian customers will be paying taxes according to the sales taxes charged by their State within Canada.

Applies to U.S.A. customers:

Sales tax according to State will also be charged if your destination of shipment is within New York, USA.

Applies to UK & EU customers:

For shipments to the UK & EU area 20% VAT Sales taxes will be applied to the subtotal of your purchase.

Electronic Contracting

Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. As a consumer purchasing from the Website, you acknowledge that your electronic submissions constitute your agreement and intent to be bound by and to pay for such agreement and transactions processed on your account. YOUR FORMAL CONSENT, PROVIDED BY YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS, APPLIES TO ALL PURCHASES AND RECORDS RELATING TO ANY AND ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, AND THIS INCLUDES, BUT IS NOT LIMITED TO, NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.

Non – Compatible Devices:

If you are using a non-compatible device or browser, you may have access only to a limited set of Services on our website (www.MyScents.ca), or service functionality.

Subscription Agreement:

Once you have subscribed our Website you give us consent to send you our newsletter daily, weekly, or monthly at your request. However we do send out a confirmation email to flag any fake accounts, which will be subscribing. To successfully receive our special promotions discounted coupons you will need to validate your account with the email you will use to subscribe on MyScents.ca

Opt Out Of Subscription:

If for any reason you wanted to opt out from receiving our special promotions/coupons newsletters. You can unsubscribe from our special promotions and newsletters at any time by clicking the “unsubscribe” button at the bottom our newsletter email. You can also contact us by email and we’ll be able to assist you.

Shipping & handling rates available prior to finalizing your order:

We have created a “Shipping Calculator” web based technology feature so customers have the ability to confirm accurate shipping costs per number of product(s) being purchased prior to finalizing their order. Customers can enter the desired destination address for the number of product(s) in their cart and accurately receive real time shipping rates and chose what best meets their needs and simply “Check Out” on the check out page.

If your order was processed from our Shipping Calculator page, by clicking the “Proceed to Checkout” button, you hereby understand the address you have entered during your shipping quote is transferred under the billing/shipping form on the checkout page for final delivery purposes. You are solely responsible for confirming and entering the correct destination address you want to receive your order at. We will have no responsibility in case you enter the wrong destination address and the order was sent out. However, if you’re able to contact us prior to us processing the order we may or may not be able to assist you with canceling the order.

Additional:

My Scents reserves the right to remove or edit content, refuse to provide service, or cancel orders in their sole discretion. My Scents also reserves the right to limit quantities, per shipment due to reaching the full capacity of shipment being shipped within a parcel. In such case we will divide your parcel(s) accordingly you will be accountable for all additional charges expected. For example: if you’re processing an order of 20 to 50 colognes/perfume bottles. We will need to divide the shipment because of fragile/flammable consequences.

Last Updated; November 11, 2016