Terms of Service

Last Updated August 2021

 

Welcome to hellosanctuary.com and other online locations such as Facebook and Twitter (together, the "Site") offered by Scentbird, Inc. (“we”, "our," “Scentbird” or “Sanctuary”).  Scentbird is established in New Jersey, United States. Our address is: 1600 Perrineville Road, Ste. 2 – 395, Monroe Twp., NJ 08831, USA.

 

The content and services available on the Site are subject to the following Terms of Service and Product Sales (these “Terms”). 

 

Please read these Terms carefully. The Terms tell you who we are, how we provide Products to you, how you or we may end our agreement to these Terms, what to do if there is a problem, and other important information. By accessing or using the Site, you acknowledge that you have read, understand and agree, without limitation or qualification, to be bound by these Terms. If you do not agree to these Terms, please do not use the Site or order any Products sold through it ("Products").

 

Changes to the Terms

We may update or alter these Terms at any time or from time to time, by posting the revised version on the Site, although we are not undertaking or promising to do so. Your use of the Site or order of Products after a revision will constitute your acceptance of the revised Terms and the revisions will apply to you after the "last updated" date, which is posted at the top of this page. Therefore, you should check these Terms occasionally, and before each order of Products, in the event that they have changed. We assume no responsibility to you if you fail to check for revisions to our Terms and we do not assume any liability if you take any action or refrain from taking any action without first checking these Terms. No change or alteration in these Terms shall be deemed in any instance to be an admission that there is or ever was anything wrong with these Terms.

 

Privacy policy

Scentbird collects and processes personal data in connection with operating the Sanctuary Site and its business. Please review our Privacy Policy, which also governs your visits to and use of the Site. If you object to the Privacy Policy, you should not use the Site or order any Products using the Site. You understand that no data transmissions over the internet can be guaranteed to be 100% secure and that we cannot ensure or warrant the security of any information being transmitted to or from us.

 

Overview of Terms

 

This section provides an overview and directory to these Terms, which describe the rules you agree to when using our Site and ordering Products from our Site. By clicking on the hyperlink associated with a topic, you will be able to read the full provision below. Please make sure you have read, understand and agree to these Terms before using the Site.

 

Products and Product information 

We try our best, but sometimes the information about a Product may be incorrect, or the Products may be available in only limited quantities. Please consult a physician regarding any medical questions relating to our Products. The Products on our Site are for your personal use or to give as personal gifts only – do not resell or make commercial use of them.  The foregoing is without prejudice to your rights conferred in some countries.  

 

Delivery of Products

We will try to deliver the Products to you at the times indicated during the order process but we cannot guarantee that they will arrive by a particular time. 

 

Transfer of risk and ownership of Products

Risk of loss of and damage to the Products, and ownership passes to you when we deliver them to you.

 

Permitted Site users

The Site is provided for the personal use of persons over 13 years old who are residents of the U.S.A., Canada or the U.K.  

 

Intellectual property

We own our Site and the content on it, as well as the copyright and other intellectual property rights in them, and you may not copy or use our content or intellectual property without our consent.

 

Limited license and rights

We hope you enjoy the Site, but there are some restrictions on how you can use it.

 

Site promotions

We want you to take advantage of discounts and promotions, but always remember to read the fine print because some promotions are only available for a limited time and may have other requirements for eligibility.

 

Your account

You are responsible for your account and you must make sure to keep your password confidential.

 

Orders

Thanks for your purchase! You must pay for your Product when you order it. We currently ship to customers within the United States, Canada and the United Kingdom, and are unable to offer our service or Products to any U.S. territories, APO/FPO/DPOs addresses, or other countries. This section also has information on our billing and cancellation policies.

 

Returns and replacements or credits

We want you to love your product purchase as much as we loved formulating it, so if you are not totally satisfied, please email support@hellosanctuary.com and we’ll assist you with returns and a full credit or refund (minus shipping fees). 

 

Product quality

We take the quality of our Products very seriously. All Sanctuary Products adhere to the highest quality standards in the industry.

 

Third party links

Sometimes we link to third party sites. Most of it is great stuff, but we are not responsible if it’s not.

 

Social media

Social media sites have rules too; make sure to read and follow them. We are happy for you to post on our social media, but make sure it's really Sanctuary before you do. If you need to get in touch with us, send us an email at support@hellosanctuary.com.

 

Reviews, comments, communications, and other content

We want to hear from you, but please play by the rules when posting content. Your content and opinions belong to you, but we have the right to share them. We may choose to remove content we don’t feel is appropriate.

 

Notice and procedures for making claims of copyright or intellectual property infringement

We respect intellectual property rights. If you think your copyright or other rights are being infringed, here is how to let us know.

 

Disputes, arbitration, and applicable law

Any dispute between us will be governed by New Jersey law and will be decided by non-judicial arbitration. By agreeing to these Terms you waive rights to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative claim. If you live outside the United States, we may agree to alternative dispute resolution in your country of residence. These terms will not apply if prohibited by law in the country or jurisdiction where you live.

 

Disclaimer of Site warranties

This Site and its contents are made available "AS IS." We do not promise that your use of the Site will be uninterrupted or error-free.

 

Limitation of liability

We are building the best company we can for you, but we can't promise it will be perfect, and our liability is limited for claims and damages under this section. If you live in New Jersey or certain other states or in countries other than the U.S.A., our limitation of liability may be different, if required by state law.

 

Indemnification

You are responsible for certain damages or harm that you may cause us.

 

Termination of agreement to these Terms

Both of us can end our agreement to these Terms. Please read this section for the details.

 

Notice Required by California Law

Hi Californians! Scentbird is in New Jersey and provides this service to you. If you have complaints please send them to support@hellosanctuary.com or contact the Complaint Assistance Unit of the California Department of Consumers Affairs.

 

Important information for New Jersey residents

Hi New Jerseyans! We want to let you know that because of New Jersey laws, some of sections of these Terms may be different for you. Also, by using this Site you waive certain rights, including rights to pursue disputes in a court and before a jury. This section provides links to the applicable sections of our Terms so you can read about it in more detail.

 

Important information for United Kingdom residents

Hi UK folks! We want to let you know that because of laws in England and Wales, Scotland or Northern Ireland, some of the sections of these Terms may be different for you. This section explains those differences and provides links to the applicable sections of our Terms so you can read about it in more detail.

 

General information

Additional terms that govern your use of the Site.

 

Questions or complaints?

Please contact us at support@hellosanctuary.com.

 

Full Terms of Service:

Products and Product information

We attempt to be as accurate as possible when describing our Products on the Site. However, we do not guarantee that the Product descriptions, packaging illustrations, colors, sizes, prices or other content available on the Site are accurate, complete, reliable, current, or error-free, and we disclaim any liability arising out of any errors, to the extent permitted by law. All material and information on the Site or otherwise provided by us is intended to be used for personal educational or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or by any other country’s government or agencies. 

 

All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any goods, Products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. We do not give or intend to give any answers to medical-related questions and this Site does not replace any medical professional or medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL YOUR PHYSICIAN IMMEDIATELY, OR CALL 911 in the United States or Canada or 999 in the United Kingdom. 

 

The Products available on the Site are for your personal use only or for you to give as personal gifts. You may not sell or resell or use for commercial purposes any Products you purchase or otherwise receive from Sanctuary. 

 

Unless otherwise prohibited by law, we reserve the right to change or substitute any Products offered for sale on the Site, and the prices or descriptions of any Products, at any time without any notice or liability to you or any other person. We reserve the right to limit quantities of Products sold or made available for sale on the Site and to decline any purchase. The Site content and Products available on the Site may be out of date or differ slightly from the actual Products.

Delivery of Products

(a) Costs.

The costs of delivery will be as displayed to you on our Site. 

(b) Time.

During the order process we will let you know the date range during which we aim to deliver the Products to you. Although we aim to deliver the Product to you by our estimated dates, we cannot guarantee the dates.  

(c) Receipt.  If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in your mailbox, the Products will be delivered to your designated location or you will be left a note explaining how to rearrange delivery or collect the Products from a local post office or depot.

Transfer of risk and ownership of Products

(a) Risk. The Product becomes your responsibility from the time we deliver it to the address you gave us.  Risk of loss of the Product and damage to the Product transfer to you at that time.

(b) Ownership. You own the Product from the point when we deliver it as described above.

Permitted Site users

The Site is provided for the personal use of persons over 13 years old or older who are residents of the U.S.A., Canada or the United Kingdom. Additionally, registration and Product sales are limited to persons who are 18 years old or older. If you are 13 - 17 years old, by browsing the Site you confirm that you have the permission of a parent or guardian to do so.

Intellectual property

The Site and its content, including without limitation any patents, copyrights, trademarks, inventions, trade secrets, or any other intellectual property rights, are owned by Scentbird, or our affiliates, partners or licensors. 

 

Copyrights: All content available on the Site, including but not limited to text, graphics, logos, buttons, icons, images, audio, video, data compilations and software, the compilation thereof, and the look and feel of the Site, is the property of Scentbird, our affiliates, partners or licensors, and is protected by United States and international copyright laws and treaties. 

 

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress displayed on the Site are the registered and unregistered marks of Scentbird, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws. 

 

Except as set forth in the limited rights section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

Limited license and rights

We grant you a limited, revocable, and non-exclusive right to access and make personal use of the Site. This limited right prohibits and does not permit you to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify, download, reverse engineer or decompile the Site or content (except caching or as necessary to view the Site); (iii) make any use of the Site or content other than for your own personal use; (iv) create any derivative work based upon the Site or content; (v) collect another’s account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; (vi) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect and/or use any Product listings, descriptions, price or similar information; or (vii) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the Site or that may adversely affect performance of the Site or restrict any other Site user or us from using or enjoying the communication services or the Site.

 

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of www.hellosanctuary.com, for personal, non-commercial use only. A third party website that links to hellosanctuary.com (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or Products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial or damaging to the goodwill associated with our name and trademarks, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our Products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable Products, services or opinions; (vi) may not use our name or trademarks other than in identifying the link, hellosanctuary.com; and (viii) must display hellosanctuary.com on full-screen and not within a “frame” on the linking website. We may, in our sole discretion, request that you remove any link to hellosanctuary.com, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Site or these Terms automatically terminates the limited rights and licenses set forth in this section, without prejudice to any other remedy provided by applicable law or these Terms. Immediately upon any such termination you must remove any hyperlink to the Site.

Site promotions

From time to time, Sanctuary may offer certain special promotions, features, or events (such as contests, sweepstakes or other offerings) (collectively, “Promotions”). These Promotions may be subject to additional terms in addition to or instead of these Terms and may be offered by us or by third parties. We will disclose details for such Promotions (such as eligibility requirements, dates of availability, contents of the Promotion, etc.) when offered, and if you choose to take advantage of any Promotion, you agree that your participation will be subject to such additional terms or other guidelines, rules, and/or policies.

 

The following applies to all promotions, but if different from these Terms, the Promotion details on the Site will control:

 

  1. Dates of availability are assumed to be from 12:00:01 am U.S. Eastern Time on the start date through 11:59:59 pm U.S. Eastern Time on the end date. Daylight savings is in effect when applicable.
  2. An eligible purchase must be completed on hellosanctuary.com during the dates of availability of the promotion, as specified. Purchases prior to or after the dates of availability are not be eligible.
  3. Promotions are only available while supplies last. A promotion may expire early due to limited quantities on gift with purchase items.
  4. All requirements of the promotion as specified must be met in order to successfully redeem a promotion. This may include, but is not limited to: purchasing a specific Product, making a purchase for a specific dollar amount, being signed in as a registered member, or having specific information in your membership account.
  5. A promotion may not be combined or used with other promotions on the same order.
  6. Promotional offers have no cash value and cannot be resold or transferred.
  7. We reserve the right to cancel, suspend or modify part or all of any promotional offer at any time without notice, for any reason in our sole discretion.
  8. Returns must include any promotional gift(s) to qualify for full refund. Partial returns must include any promotional gift(s) to quality for a partial refund if the unreturned portion of the order fails to meet the original requirements to qualify for the promotional gift. Promotional gifts may not be exchanged.

Your account

You may choose to create an account on the Site by registering with us or using third-party sign-on services (e.g. Facebook Connect). If you use a third-party sign-on service, you expressly authorize us to access your account information maintained by identified third-party data service providers on your behalf, in connection with your use of the Site. Your registration is subject to our review and approval and we reserve the right not to approve, or withdraw approval of, your registration at any time for any reason. In registering an account, you agree to provide, maintain and update information that is true, accurate, current and complete about yourself. When you register an account, you will select an email address/username and password to be used to access your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your account. You agree to accept responsibility for all activities that occur under your account, username and/or password.

Orders

The Products available on the Site can only be delivered within the United States, Canada or the United Kingdom. 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.

 

(a) Product orders.

You may order Products through our Site.  Our acceptance of your order will take place when we email you to confirm receipt of the order, at which point a contract will come into existence between you and us. 

 

(b) Special Promotions.

Sanctuary may offer special promotions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at sign-up or in other communications made available to you before submitting your order.

 

(c) Acceptance of orders.

If we are unable to accept your order for any reason, we will inform you of this by email and will not charge you for the Product.

 

(d) Prices and Billing.

 

(i) Prices. The prices for your ordered Products will be as displayed on our Site from time to time and will also be shown on the order pages when you place your order for Products.  On occasions, for example, if there is an error on the Site or when we are in the process of changing prices when you submit your order, we might refuse your order when you send it or, in the case of an obvious error, we might cancel the order and offer you Products at the corrected price. If the rate of sales tax or value added changes between your order date and the date of payment, we will adjust the rate. 

 

(ii) Payment Methods. In connection with any and all orders that you select to purchase, you must provide us with a current, valid, accepted method of payment as displayed on our Site, which may change from time to time ("Payment Method"). All purchases are subject to these Terms and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. By providing your account information in connection with any purchase, you authorize us to debit the total cost of said purchase and agree to be responsible for all associated charges, including any applicable taxes and import duties. If charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by us to be paid such amounts due, including but not limited to any attorney fees and other legal expenses. You represent and warrant that all information you provide in connection with your purchase is true, accurate and complete. 

 

(e) Extra items. We may also offer additional Products for sale on hellosanctuary.com (such as magnetic palettes, single eye-shadows, makeup brushes, extra cases, etc.). Unfortunately, we don't offer refunds or returns on these items, but you can always exchange a damaged item within 30 days of receipt. This paragraph does not affect any statutory rights you may have in your country of purchase.

 

(f) Other cancellation rights.  If you are in the United Kingdom, please see our notice to United Kingdom customers about additional cancellation rights. 

Returns and replacements or credits

We want you to love your purchase as much as we loved formulating it, so if you are not totally satisfied, please email support@hellosanctuary.com. From there, we can provide you with a return label and our return address where you can send the product. Within 30 days of your return of the product and inspection of the product at our warehouse, we will be happy to offer you a full refund (minus the shipping fees) or merchant credit, depending on what you prefer.

 

Please note: Our warehouse does not accept returns. We cannot ensure that we will be able to properly locate and handle your return without the return authorization and the correct return address.


Shipping fees are non-refundable.

 

The above does not affect any statutory rights you may have in your country of purchase.

Product quality 

All of the Products available on the Site adhere to the highest quality standards in the industry. We pride ourselves on being cruelty-free. 

Third party links

The Site may contain links to websites or other online locations operated by other parties. We provide these links as a convenience, and use of these websites or other online locations is at your own risk. The linked websites or other online locations are not under our control and we are not responsible for the content available on the other websites or other online locations. These links do not imply our endorsement of information or material on any other website or online location and we disclaim all liability with regard to your access to and use of the links or linked websites or other online locations or content. You should carefully review the terms of service and privacy policies of all linked websites or other online locations that you visit.

Social media

Our Site may contain social media features, such as the Facebook Like button, and widgets for other social media such as Pinterest, Twitter, Tumbler, Snapchat and Instagram. These social media features may collect your IP address and which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy and terms of use of the company providing the feature or widget. You should carefully review those terms of use and privacy policies. Please be mindful that not all accounts, usernames, websites, handles, pages etc. that make use of the name "Sanctuary" or “Hellosanctuary” are actually provided by us. Additionally, we may not respond to comments or questions posted via social media. If your submission to our social media pages or feeds contain questions or comments for us, we may respond publicly or privately; however, we encourage anyone with questions or comments to visit our website at www.hellosanctuary.com or to contact us at support@hellosanctuary.com.

Reviews, comments, communications, and other content

The Site may contain areas for you to post reviews, share your story, submit comments and other content, including photographs, and message or communication facilities to enable you to communicate with other users the Site and with Sanctuary (collectively, "User Content"). You retain all rights in your User Content, subject to the licenses to us set forth below, and you are solely responsible for your User Content. You acknowledge that your User Content may become available to others on the Site and elsewhere. You agree to post only User Content that you have the right to use or authorize others to use, and that is appropriate for general audiences and not confidential or private or harmful to others.

 

In addition to your obligations stated elsewhere in these Terms, you also agree that the following actions are prohibited and a material breach of these Terms. By way of example and not limitation, you agree that you will not, in connection with your use of the Site:

 

  1. aggregate, copy, duplicate, publish or make available any Site content to third parties outside of the Site in any manner;
  2. defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, impersonate anyone else, or misrepresent your identity or affiliation;
  3. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent or unlawful name, material, content or information, or violate any person’s privacy rights;
  4. upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;
  5. upload or transmit files that contain viruses, malware, disabling code, corrupted files, or any other software or programs that may damage the operation of another's computer;
  6. use the Site to disseminate or make available unsolicited advertising or promotional materials, spam, pyramid schemes, multi-level marketing schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;
  7. falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or
  8. engage in any other action that, in our reasonable judgment, exposes us or any third party to potential liability or detriment of any type.

 

You grant us and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display your User Content in any form throughout the world in any media, whether now known or hereafter developed, alone or as part of other works. You further grant us and our affiliates the right to use the name that you submit in connection with such content, in our sole discretion. You represent and warrant that you own or otherwise control all rights to the User Content that you post, that your User Content is accurate, that use of your User Content does not violate these Terms, and that your User Content will not cause injury to any person or entity. It is our policy to decline any unsolicited suggestions or ideas. However, any unsolicited suggestions or ideas will be treated as non-proprietary and non-confidential and will not be returned. We may use any intellectual property or other rights in any submission for any purpose, including, without limitation, for developing, manufacturing, distributing and marketing new Products.

 

We may, but are under no obligation to, monitor and edit or remove any user activity or content on the Site, in our sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. We do not necessarily endorse any opinion or statement contained in any submission or User Content.

Notice and procedures for making claims of copyright or intellectual property infringement

We may, in our sole discretion, disable and/or terminate use of the Site by users who infringe the intellectual property of others. If you believe that your work or User Content has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our copyright agent a notice containing the following information:

 

  1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  2. a description of where the material that you claim is infringing is located on the Site (providing url(s) in the body of an email is the best way to help us locate content quickly);
  3. your name, address, telephone number, and email address;
  4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and 
  6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

 

Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached by sending an email to support@hellosanctuary.com. 

Disputes, arbitration, and applicable law

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING SECTION. THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT OUTLINES CERTAIN RIGHTS THAT YOU ARE WAIVING OR LIMITING BY USING OUR SITE AND PURCHASING OUR PRODUCTS. PLEASE REMEMBER THAT YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THE DISPUTE RESOLUTION PROCESS.

 

THIS SECTION WAIVES THE FOLLOWING RIGHTS THAT YOU MIGHT OTHERWISE HAVE:

 

 

THIS SECTION ALSO LIMITS CERTAIN OTHER RIGHTS YOU MIGHT OTHERWISE HAVE, including 

 

These Terms shall be governed by, and will be construed under, the laws of the state of New Jersey, United States of America, without regard to choice of law principles. 

 

You and we each agree that any dispute which may arise out of, under, or in connection with your visit to or use of the Site, these Terms, our Products or services shall be resolved entirely through binding individual arbitration, rather than in court. Such arbitration shall take place in Trenton, New Jersey, and will be administered by the AAA in accordance with its Commercial Arbitration Rules. However, if you live outside of the USA, the ICC rules of arbitration will apply and we may agree to a different location for arbitration. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Service as a court would. Notwithstanding the foregoing, to the extent you have violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court.  The foregoing does not affect any statutory right you may have to issue proceedings against us in your country of residence. If you live outside the United States, we may agree to alternative dispute resolution in your country of residence.

 

To the extent permitted by law, you agree to bring any dispute related to these Terms, your use of the Site, our Products or services in arbitration on an individual basis and that no claim arising out of these Terms your use of the Site, our Products, or services may be brought as a class action, and that no arbitration under these Terms shall be joined with an arbitration involving any other party under these Terms, whether through class arbitration proceedings or otherwise. If for any reason a claim proceeds in court and not in arbitration, we each agree to waive any right to participate in a class action against each other and the right to a jury trial.

 

The Site resides on servers located in, and is controlled in, the United States and is directed to individuals residing in the United States, Canada and the United Kingdom. Those who choose to access the Site from locations outside those countries do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Access to the Site is prohibited from jurisdictions where the Site or its content is illegal or penalized. We reserve the right to limit the availability of the Site and content to any person or jurisdiction in its sole discretion.

Disclaimer of Site warranties

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO A CUSTOMER WHO MAKES A PURCHASE.

 

The Site and all contents on the Site are provided to you on an "AS IS, AS AVAILABLE” basis, without warranty of any kind. We make no representations or warranties that use of the Site will be uninterrupted or that the Site or its use will be error-free, or as to any results that may be obtained by use of the Site. To the extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty as to the accuracy, completeness, reliability or availability of the Site or any content available through the Site. You expressly agree that your use of the Site is at your sole risk.

Limitation of liability

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO A CUSTOMER WHO MAKES A PURCHASE ONLINE.

 

Except for instances of gross negligence, intentional wrongdoing, willful misconduct, or where we have a legal obligation to you, under no circumstances shall we or our affiliates, partners or licensors be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to these Terms, or access to or use of the Site or its content, any purchases you make, or any User Content (whether yours or a third party’s) or submissions to the Site, whether such claim or action is based in tort, contract, negligence, strict liability statutory liability or otherwise, and even if we have been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Site and terminate these Terms. These limited remedies shall apply notwithstanding any failure of their essential purpose. Certain state, provincial, or country laws may not allow limitations on implied warranties or the exclusive or limitation of certain types of damages as set forth in this Section, so these limitations and exclusions apply to you only to the extent permitted by applicable law. If it is finally determined by a court of law or an arbitrator that our limitation of liability set forth in this Section does not apply to you, then you agree that our total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed one hundred dollars ($100.00) or the total amount of your last Sanctuary purchase, whichever is greater.

 

The foregoing does not affect any statutory right you may have to issue proceedings against us in your country of residence.

Indemnification

You agree to indemnify, defend and hold Scentbird, its subsidiaries, affiliates, partners or licensors, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, due to or arising out of (a) any User Content or other materials posted on or submitted to the Site by you; (b) your material breach of these Terms, the Privacy Policy, any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged; and (c) all activities that occur under your account, username and/or password.

Termination of agreement to these Terms

You may terminate your agreement to these Terms by providing written (including emailed) notice to us. Upon such termination, you shall cease all use of the Site to purchase Products, and we shall be permitted to delete your account and any and all information associated therewith. Despite such termination, the relevant sections of these Terms will survive and continue to apply with respect to any Product purchases, actions or events occurring while these Terms were in effect.

 

We may, with or without prior notice, terminate your account or any of the rights granted by these Terms, or suspend access to or cease providing the Site, for any reasonable cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. The foregoing is without prejudice to your statutory rights in the country where you live.

Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice relating to providers of an electronic commercial service:

 

The name, and address of the provider of this service is:

Scentbird, Inc.

1600 Perrineville Road

Ste. 2 – 395

Monroe Twp., NJ 08831

 

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to support@hellosanctuary.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227.

Important information for New Jersey residents

If you live in New Jersey, please carefully read these Terms and understand that by using our Site or purchasing a Product, in addition to the other rules you agree to: 

  1. any dispute between us will be governed by New Jersey law and decided by non-judicial arbitration. By agreeing to these Terms you waive rights to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative claim. See the “Disputes, arbitration, and applicable law” section above;
  2. under the laws of the State of New Jersey, limitations on implied warranties or the exclusive or limitation of certain damages as set forth in these Terms, including the Limitation of liability section above, may not apply to you; and 
  3. you are responsible for and will indemnify us against any harm that you cause us, whether it is because of (a) the content or materials posted on or submitted to the Site by you, (b) your material your uncured breach of these Terms, the Privacy Policy, any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged or (c) any and all activities that occur under your account, username and/or password. See the Indemnification section above.

Important information for United Kingdom residents

This section applies only to our customers who have bought our Products from the United Kingdom.  In the event of any conflict, this section prevails over the remainder of these Terms where you are resident in the United Kingdom.

(a) Cancellation rights.

You have the right to cancel your order between the date when you submitted it and the date falling fourteen (14) days after we delivered the Product to you.  You must inform us by emailing us at support@hellosanctuary.com.  If you exercise this right, we will refund the price you paid for the Products less any reduction in the value of the goods caused by your handling of them.  This right is conditional on your, at your own cost, returning the Product to us in a fully resalable condition, which means being unused with all accompanying documents, un-tampered stickers, with undamaged outer packaging and the inner Product unused. This right is additional to your rights in relation to defective Products, which are set out below.

(b) Product warranty.

We warrant that: 

(i) the Products you buy from us through the Site will be of satisfactory quality, conform to their description given on our Site, and match the sample or model (if any) that you examined before submitting your order (in each case as those expressions are understood under English law); and

(ii)  we have the right to sell the Products to you. These subsections (i) and (ii) are referred to as the "Product Warranty".

You acknowledge that you have not told us of any particular purpose for which you order our Products and that we have not agreed to supply them on that basis.  Products changed as permitted under paragraph (c) are deemed not to be in breach of the Product Warranty by virtue of that change.

(c) Product changes.

(i) We may make changes to the Products ordered through our Site to reflect any changes in laws or regulations, for example, concerning labelling or ingredients.

(ii) We may substitute or delay delivery of a Product if we do not have the Product in question in stock.  

(iii) We may change the Product description or price if the description or price was incorrectly stated on out Site.

If we make any of these changes, we will notify you and you may then contact us to ask for a different Product from our Site or to cancel the order for that Product. If you contact us at support@hellosanctuary.com within five (5) days of our notice, we will change or cancel the order for that Product as you request.  We will refund the price if we cannot supply your ordered Product within a reasonable period of time. 

(d) Your rights if we are in breach of the Product Warranty.

If we are in breach of the Product Warranty, you will have the following rights:

(i) You may, by notice to support@hellosanctuary.com, sent within thirty (30) days of delivery of the Product to you, reject the Product in question or treat your contract with us as at an end. If you return the Product to us in the condition in which you received it, we will refund your payment for the Product and your reasonable postage within 14 days of our agreeing that the refund is due. 

(ii) You may ask us to replace the Product by emailing support@hellosanctuary.com.  We do not have to replace the Product if this is impossible or the costs of doing so would be disproportionate. If we agree to replace the Product, you must return it to us in the condition in which it was delivered. We will refund your reasonable postage. If we then supply you with replacement Products which do not conform to the Product Warranty, you may reject the Product as described in paragraph (d)(i) above, by notice to support@hellosanctuary.com, sent within seven (7) days of delivery of the replacement Product or (if later) the expiry of the thirty (30) days after delivery of the original Product. 

(iii) If the replaced Product does not conform to the Product Warranty or we do not supply it, then you may ask either for a price reduction or the final right to end the contract. You must make this request within six (6) months of delivery of the Products to you and you must return any refunded or unpaid-for Product in the condition in which it was delivered.  

(e) Your rights if we deliver the wrong quantity.

(i) If we deliver less than the Product you ordered, you may reject them or accept them and pay for the quantity delivered, by sending us written (including emailed) notice.

(ii) If we deliver more than the Products you ordered, you may reject the excess or all the Products, by sending us written (including emailed) notice.  If you accept all the Products, you must pay for the excess at the contract price.

If you reject the Products, you must return them to us in the condition in which they were delivered, and we will refund the amount you paid and reasonable postage.  

(f) Your other rights.

You may also have a legal right to return a Product if we have done something wrong. You may have additional rights, such as a right to damages.

(g) Payment of refunds and return of Products.

(i) We will pay any refunds and reimbursements through the card or payment method through which you paid for the Product. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 10 days at one cost but you choose to have the Product delivered sooner at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.  In most cases, we will pay the refund within 14 days of receiving the Product from you or (if earlier) proof that you have dispatched it to us. 

(ii) Products must be returned to us at the address given in the introductory section of the Terms. 

(h) Termination and suspension by us.

We may suspend our supply of Products to you or terminate your agreement between us if:

(i) You do not pay us by the due date for payment, and a further 7 days after we send you a written (including emailed) reminder.

(ii) You are otherwise in material breach of our agreement.

In these circumstances you might be liable to us for contractual damages.

(i) Our liability to you.

(i) If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

(ii) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of the Product Warranty.

(iii) We supply the Products to you as a consumer.  We will not be liable for your business losses such as loss of profit. 

(j) Alternative dispute resolution.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. A list of providers in the United Kingdom may be found at: https://www.tradingstandards.uk/commercial-services/approval-and-accreditation/adr-approval. We may consider alternative dispute resolution but are not bound to use it.

(k) Supply of information.

In order to fill your orders and supply Products to you, we will request your name, email, telephone, delivery address, and payment method.

General information

(a) You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Site and our services, and supersede and govern all prior proposals, agreements, or other communications.

(b) Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

(c) 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.

(d) These Terms may be modified or amended only by a separate written agreement signed by an authorized official of our company. Any course of conduct between you and us will not be deemed to modify any provision of these Terms. 

(e) If any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitrator’s award or court decision, the invalid provision shall be severed, and such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. In New Jersey, this includes the New Jersey section above as well as all of the other provisions in these terms. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

(f) Our provision of the Site and our Products and services is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, your account, or your User Content.

(g) Unless otherwise stated, all monetary amounts referred to in these Terms and on the Site are in U.S. dollars.

Questions or complaints?

If you have any questions regarding these Terms, or complaints about our Products, please contact us at support@hellosanctuary.com or at:

 

Scentbird, Inc.

1600 Perrineville Road

Ste. 2 – 395

Monroe Twp., NJ 08831

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