Terms + Conditons
These Terms govern
• the use of www.vallensefragrance.com, and,
• any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalised words are defined in the relevant
dedicated section of this document.
The User must read this document carefully.
www.vallensefragrance.com is provided by:
Vallense Fragrance Limited, X Cuckoo Lane, Ulysses House, Green St,
Dublin 7, D07 YT6H, Ireland
Owner contact email: info@Vallensefragrance.com
“Www.vallensefragrance.com" refers to
• this website, including its subdomains and any other website through
which the Owner makes its Service available;
The following documents are incorporated by reference into these Terms:
What the User should know at a glance
• The Service/www.vallensefragrance.com is only intended for
Consumers.
• The right of withdrawal only applies to European Consumers.
TERMS OF USE
Unless otherwise specified, the terms of use detailed in this section apply
generally when using www.vallensefragrance.com
Single or additional conditions of use or access may apply in specific
scenarios and in such cases are additionally indicated within this document.
By using www.vallensefragrance.com, Users confirm to meet the following
requirements:
• Users must qualify as Consumers;
Account registration
To use the Service Users may register or create a User account, providing all required data or information in a complete and truthful manner. Users may also use the Service without registering or creating a User account, however, this may cause limited availability of certain features or functions. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by www.vallensefragrance.com. By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access
Account termination
Users can terminate their account and stop using the Service at any time by
doing the following:
• By directly contacting the Owner at the contact details provided in this document.
Account suspension and deletion
The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms. The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
Content on www.vallensefragrance.com
Unless where otherwise specified or clearly recognisable, all content available on www.vallensefragrance.com is owned or provided by the Owner or its licensors. The Owner undertakes its utmost effort to ensure that the content provided on www.vallensefragrance.com infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on www.vallensefragrance.com - All rights reserved
The Owner holds and reserves all intellectual property rights for any such content. Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on www.vallensefragrance.com, nor allow any third party to do so through the User or their device, even without the User's knowledge. Where explicitly stated on www.vallensefragrance.com, the User may download, copy and/or share some content available through www.vallensefragrance.com for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Owner allows Users to upload, share or provide their own content to www.vallensefragrance.com. By providing content to www.vallensefragrance.com, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights. Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses. Users acknowledge and accept that by providing their own content to www.vallensefragrance.com they grant the Owner a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Service in any media or manner. To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to www.vallensefragrance.com. Users acknowledge, accept and confirm that all content they provide through www.vallensefragrance.com is provided subject to the same general conditions set forth for content on www.vallensefragrance.com.
Liability for provided content
Users are solely liable for any content they upload, post, share, or provide
through www.vallensefragrance.com. Users acknowledge and accept that
the Owner does not filter or moderate such content.
However, the Owner reserves the right to remove, delete or block such
content at its own discretion and, without prior notice, to deny the uploading
User access to www.vallensefragrance.com:
• upon becoming aware of any (alleged) violation of these Terms, any
third-party rights, or applicable law, based on such content;
• if a notice of infringement of intellectual property rights is received;
• if a notice of violation of a third party’s privacy, including their intimate
privacy, is received;
• upon order of a public authority; or
where the Owner is made aware that the content, while being
accessible via www.vallensefragrance.com may represent a risk for
Users, third parties and/or the availability of the Service.
The removal, deletion or blocking of content shall not entitle Users that have
provided such content or that are liable for it, to any claims for
compensation, damages or reimbursement.
Users agree to hold the Owner harmless from and against any claim
asserted and/or damage suffered due to content they provided to or
provided through www.vallensefragrance.com.
Access to external resources
Through www.vallensefragrance.com Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability. Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.
Acceptable use
www.vallensefragrance.com and the Service may only be used within the
scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of
www.vallensefragrance.com and/or the Service violates no applicable law,
regulations or third-party rights.
Therefore, the Owner reserves the right to take any appropriate measure
to protect its legitimate interests including by denying Users access to
www.vallensefragrance.com or the Service, terminating contracts,
reporting any misconduct performed through
www.vallensefragrance.com or the Service to the competent authorities
– such as judicial or administrative authorities - whenever Users engage
or are suspected to engage in any of the following activities:
• violate laws, regulations and/or these Terms;
• infringe any third-party rights;
• considerably impair the Owner’s legitimate interests;
• offend the Owner or any third party.
TERMS AND CONDITIONS OF SALE
Paid Products
Some of the Products provided on www.vallensefragrance.com, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of www.vallensefragrance.com.
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of www.vallensefragrance.com and are subject to change without notice. While Products on www.vallensefragrance.com are presented with the greatest accuracy technically possible, representation on www.vallensefragrance.com through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of
the purchasing process.
The purchasing process includes these steps:
• Users must choose the desired Product and verify their purchase
selection.
• After having reviewed the information displayed in the purchase
selection, Users may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
• The submission of an order determines contract conclusion and
therefore creates for the User the obligation to pay the price, taxes and
possible further fees and expenses, as specified on the order page.
• In case the purchased Product requires an action from the User, such
as the provision of personal information or data, specifications or
special wishes, the order submission creates an obligation for the User
to cooperate accordingly.
• Upon submission of the order, Users will receive a receipt confirming
that the order has been received.
All notifications related to the described purchasing process shall be sent to
the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order
submission, about any fees, taxes and costs (including, if any, delivery costs)
that they will be charged.
Prices on www.vallensefragrance.com are displayed:
• either exclusive or inclusive of any applicable fees, taxes and costs,
depending on the section the User is browsing.
Offers and discounts
The Owner may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section www.vallensefragrance.com. Offers and discounts are always granted at the Owner’s sole discretion. Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future. Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Owner, as indicated in the Owner’s location details in this document, unless otherwise specified.
Coupons
Offers or discounts can be based on Coupons. If breach of the conditions applicable to Coupons occurs, the Owner can legitimately refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests. Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail. Unless otherwise stated, these rules apply to the use of Coupons: • Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon; • A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted; • Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving instalment-based purchases; • A Coupon cannot be applied cumulatively; • The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out; • The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value; • The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of www.vallensefragrance.com. All payments are independently processed through third-party services. Therefore, www.vallensefragrance.com does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfil the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.
Authorisation for future PayPal payment
If Users authorise the PayPal feature which allows future purchases, www.vallensefragrance.com will store an identification code linked to the Users’ PayPal account. This will authorise www.vallensefragrance.com to automatically process payments for future purchases or recurring instalments of past purchases. This authorisation can be revoked at any time, either by contacting the Owner or by changing the user settings offered by PayPal.
Retention of Product ownership
Until payment of the total purchase price is received by the Owner, any Products ordered shall not become the User’s property.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary. Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged. Goods are delivered to the countries or territories specified in the relevant section of www.vallensefragrance.com. Delivery times are specified on www.vallensefragrance.com or during the purchasing process. Unless otherwise specified on www.vallensefragrance.com or agreed with Users, Products shall be delivered within thirty (30) days from purchase.
Failed delivery
The Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User. If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Owner, who will contact the User to schedule a second delivery attempt or to agree on the future course of action. Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
USER RIGHTS
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification, cannot benefit from the rights described in this section.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to the Owner an
unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within
the “definitions” section of this document. Users are, however, free to
express their intention to withdraw from the contract by making an
unequivocal statement in any other suitable way. In order to meet the
deadline within which they can exercise such right, Users must send the
withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
• Regarding the purchase of goods, the withdrawal period expires 14
days after the day on which the User or a third party – other than the
carrier and designated by the User – takes physical possession of the
goods.
• Regarding the purchase of several goods ordered together but
delivered separately or in case of purchase of a single good consisting
of multiple lots or pieces delivered separately, the withdrawal period
expires 14 days after the day on which the User or a third party – other
than the carrier and designated by the User – acquires physical
possession of the last good, lot or piece.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement. …on the purchase of physical goods Unless the Owner has offered to collect the goods, Users shall send back the goods or hand them over to the Owner, or to a person authorised by the latter to receive the goods, without undue delay and in any event within 14 days from the day on which they communicated their decision to withdraw from the contract. The deadline is met if the goods are handed to the carrier, or otherwise returned as indicated above, before the expiration of the 14-days-period for returning the goods. The reimbursement may be withheld until reception of the goods, or until Users have supplied evidence of having returned the goods, whichever is the earliest. Users shall only be liable for any diminished value of the goods resulting from the handling of the goods outside of that which is necessary to establish their nature, characteristics and functioning. The costs of returning the goods shall be paid in advance by the User and reimbursed by the Owner upon providing appropriate evidence of the costs borne by the User.
Guarantees
Legal guarantee of conformity for goods under EU law
Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they’ve been delivered to the purchaser. Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on www.vallensefragrance.com in accordance with the laws of the country of their habitual residence. National laws of such country may grant such Users broader rights. In particular, Consumers based in France can exercise guarantee rights within two years of delivery of the good without being required to provide evidence of the good’s defect or lack of conformity. The period of time for which the Consumer is exempted from providing evidence of the fault is reduced to six months in case of used goods. When exercising guarantee rights, Consumers may choose between requesting replacement or reparation of the faulty good at the conditions set out in the French Consumer Code. This statutory guarantee of conformity applies regardless of any commercial guarantee possibly offered by the Owner. Consumers may also exercise their right of guarantee for hidden faults according to the relevant provisions of the French Civil Code, choosing between cancelling the purchase or requesting a price reduction. Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.
Liability and indemnification
Indemnification
The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Limitation of liability
Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf). This does not apply to damages to life, health or physical integrity, damages resulting from the breach of an essential contractual obligation such as any obligation strictly necessary to achieve the purpose of the contract, and/or damages resulting from intent or gross negligence, as long as www.vallensefragrance.com has been appropriately and correctly used by the User. Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.
Australian Users
Limitation of liability
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (nonexcludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.
US Users
Disclaimer of Warranties
www.vallensefragrance.com is provided strictly on an “as is” and “as
available” basis. Use of the Service is at Users’ own risk. To the
maximum extent permitted by applicable law, the Owner expressly
disclaims all conditions, representations, and warranties — whether
express, implied, statutory or otherwise, including, but not limited to,
any implied warranty of merchantability, fitness for a particular purpose,
or non-infringement of third-party rights. No advice or information,
whether oral or written, obtained by user from owner or through the
Service will create any warranty not expressly stated herein.
Without limiting the foregoing, the Owner, its subsidiaries, affiliates,
licensors, officers, directors, agents, co-branders, partners, suppliers
and employees do not warrant that the content is accurate, reliable or
correct; that the Service will meet Users’ requirements; that the Service
will be available at any particular time or location, uninterrupted or
secure; that any defects or errors will be corrected; or that the Service
is free of viruses or other harmful components. Any content
downloaded or otherwise obtained through the use of the Service is
downloaded at users own risk and users shall be solely responsible for
any damage to Users’ computer system or mobile device or loss of data
that results from such download or Users’ use of the Service.
The Owner does not warrant, endorse, guarantee, or assume
responsibility for any product or service advertised or offered by a third
party through the Service or any hyperlinked website or service, and the
Owner shall not be a party to or in any way monitor any transaction
between Users and third-party providers of products or services.
The Service may become inaccessible or it may not function properly
with Users’ web browser, mobile device, and/or operating system. The
owner cannot be held liable for any perceived or actual damages arising
from Service content, operation, or use of this Service.
Federal law, some states, and other jurisdictions, do not allow the
exclusion and limitations of certain implied warranties. The above
exclusions may not apply to Users. This Agreement gives Users specific
legal rights, and Users may also have other rights which vary from state
to state. The disclaimers and exclusions under this agreement shall not
apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent permitted by applicable law, in no event shall
the Owner, and its subsidiaries, affiliates, officers, directors, agents, cobranders,
partners, suppliers and employees be liable for
• any indirect, punitive, incidental, special, consequential or
exemplary damages, including without limitation damages for loss
of profits, goodwill, use, data or other intangible losses, arising out
of or relating to the use of, or inability to use, the Service; and
• any damage, loss or injury resulting from hacking, tampering or
other unauthorised access or use of the Service or User account
or the information contained therein;
• any errors, mistakes, or inaccuracies of content;
• personal injury or property damage, of any nature whatsoever,
resulting from User access to or use of the Service;
• any unauthorised access to or use of the Owner’s secure servers
and/or any and all personal information stored therein;
• any interruption or cessation of transmission to or from the
Service;
• any bugs, viruses, trojan horses, or the like that may be
transmitted to or through the Service;
• any errors or omissions in any content or for any loss or damage
incurred as a result of the use of any content posted, emailed,
transmitted, or otherwise made available through the Service; and/
or
• the defamatory, offensive, or illegal conduct of any User or third
party. In no event shall the Owner, and its subsidiaries, affiliates,
officers, directors, agents, co-branders, partners, suppliers and
employees be liable for any claims, proceedings, liabilities,
obligations, damages, losses or costs in an amount exceeding the
amount paid by User to the Owner hereunder in the preceding 12
months, or the period of duration of this agreement between the
Owner and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent
permitted by law in the applicable jurisdiction whether the alleged
liability is based on contract, tort, negligence, strict liability, or any other
basis, even if company has been advised of the possibility of such
damage.
Some jurisdictions do not allow the exclusion or limitation of incidental
or consequential damages, therefore the above limitations or exclusions
may not apply to User. The terms give User specific legal rights, and
User may also have other rights which vary from jurisdiction to
jurisdiction. The disclaimers, exclusions, and limitations of liability
under the terms shall not apply to the extent prohibited by applicable
law.
Indemnification
The User agrees to defend, indemnify and hold the Owner and its
subsidiaries, affiliates, officers, directors, agents, co-branders, partners,
suppliers and employees harmless from and against any and all claims
or demands, damages, obligations, losses, liabilities, costs or debt, and
expenses, including, but not limited to, legal fees and expenses, arising
from
• User’s use of and access to the Service, including any data or
content transmitted or received by User;
• User’s violation of these terms, including, but not limited to, User’s
breach of any of the representations and warranties set forth in
these terms;
• User’s violation of any third-party rights, including, but not limited
to, any right of privacy or intellectual property rights;
• User’s violation of any statutory law, rule, or regulation;
• any content that is submitted from User’s account, including third
party access with User’s unique username, password or other
security measure, if applicable, including, but not limited to,
misleading, false, or inaccurate information;
• User’s wilful misconduct; or
• statutory provision by User or its affiliates, officers, directors,
agents, co-branders, partners, suppliers and employees to the
extent allowed by applicable law.
Common provisions
No Waiver
The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service interruption
To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law. Additionally, the Service might not be available due to reasons outside the Owner’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).
Service reselling
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of www.roads.co and of its Service without the Owner’s express prior written permission, granted either directly or through a legitimate reselling programme.
Privacy policy
To learn more about the use of their Personal Data, Users may refer to the privacy policy of www.vallensefragrance.com.
Intellectual property rights
Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to www.vallensefragrance.com are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with www.vallensefragrance.com are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User from the date communicated to Users onwards. The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.
Contacts
All communications relating to the use of www.vallensefragrance.com must be sent using the contact information stated in this document.
Severability
Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
US Users
Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.
EU Users
Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.
Governing law
These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.
Prevalence of national law
However, regardless of the above, if the law of the country that the User is located in provides for a higher applicable consumer protection standard, such higher standards shall prevail.
Venue of jurisdiction
Exception for Consumers in Europe
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
UK Consumers
Consumers based in England and Wales may bring legal proceedings in connection with these Terms in the English and Welsh courts. Consumers based in Scotland may bring legal proceedings in connection with these Terms in either the Scottish or the English courts. Consumers based in Northern Ireland may bring legal proceedings in connection with these Terms in either the Northern Irish or the English courts.
US Users
Each party specifically waives any right to trial by jury in any court in connection with any action or litigation. Any claims under these terms shall proceed individually and no party shall join in a class action or other proceeding with or on behalf of others.
US Users
Surviving provisions
This Agreement shall continue in effect until it is terminated by either
www.vallensefragrance.com or the User. Upon termination, the provisions
contained in these Terms that by their context are intended to survive
termination or expiration will survive, including but not limited to the
following:
• the User’s grant of licenses under these Terms shall survive indefinitely;
• the User’s indemnification obligations shall survive for a period of five
years from the date of termination;
• the disclaimer of warranties and representations, and the stipulations
under the section containing indemnity and limitation of liability
provisions, shall survive indefinitely.
Dispute resolution
Amicable dispute resolution
Users may bring any disputes to the Owner who will try to resolve them amicably. While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of www.vallensefragrance.com or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document. The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner’s email address specified in this document. The Owner will process the complaint without undue delay and within 21 days of receiving it.
Online dispute resolution for Consumers
The European Commission has established an online platform for alternative dispute resolutions that facilitates an out-of-court method for solving disputes related to and stemming from online sale and service contracts. As a result, any European Consumer or Consumer based in Norway, Iceland, or Liechtenstein can use such platform for resolving disputes stemming from contracts which have been entered into online. The platform is available at the following link.
www.vallensefragrance.com (or this Application)
The property that enables the provision of the Service.
Agreement
Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
Coupon
Any code or voucher, in print or electronic form, which allows the User to purchase the Product at a discounted price.
European (or Europe)
Applies where a User, regardless of nationality, is in the EU.
Example withdrawal form
Addressed to: Vallense Fragrance Limited, X Cuckoo Lane, Ulysses House, Green St, Dublin 7, D07 YT6H, Ireland info@vallensefragrance.com I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service: _____________________________________________ (insert a description of the goods/services that are subject to the respective withdrawal) • Ordered on: _____________________________________________ (insert the date) • Received on: _____________________________________________ (insert the date) • Name of consumer(s):_____________________________________________ • Address of consumer(s):_____________________________________________ • Date: _____________________________________________ (sign if this form is notified on paper)
Owner (or We)
Indicates the natural person(s) or legal entity that provides www.roads.co and/or the Service to Users.
Product
www.vallensefragrance.com www.roads.co, such as e.g. physical goods, digital files, software, booking services etc. The sale of Products may be part of the Service.
Service
The service provided by www.vallensefragrance.com as described in these Terms and on www.vallensefragrance.com.
Terms
All provisions applicable to the use of www.vallensefragrance.com and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time.
User or (You)
Indicates any natural person or legal entity using www.vallensefragrance.com.
Consumer
Consumer is any User qualifying as such under applicable law.