Terms of service
Terms and Conditions
Application and Entire Agreement
1. These Terms and Conditions apply to the provision of the services detailed in our quotation (Services) by Venom Scent (we or us or Service Provider) to the person buying the services (you or Customer) via this website.
2. You are liable to accept the Terms and Conditions when receiving our quotation or from the date of commencement of our services (whichever happens earlier). The terms and conditions and quotation (the Contract) are the full agreement between us.
3. You have to accept that you are not entrusted upon any representation, promise or statement give by or made or on our behalf. The conditions are applicable to the elimination of any other terms that you try to enforce or integrate, or which are applied by practice, custom, trade or implied by trade, custom, practice or dealing process.
4. A “business day” implies any other day than a Saturday, Sunday and bank holiday.
5. The heading in these Terms and Conditions are only for accessibility and do not alter their meaning.
6. Words communicating a singular number shall consist of the plural and vice-versa.
7. The Company allows third party sellers to list and sell their products at [website]. In each such case this is indicated on the respective product detail page. While Company as a service provider helps facilitate transactions that are carried out on the Company website, Company is neither the buyer nor the seller of the seller's items. Company provides a service for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Company is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller..
8. We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
9. Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
10. Unless expressly indicated otherwise, Company is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
11. All prices are inclusive of legally applicable VAT. We reserve the right to change the Prices at our sole discretion without notice. This shall not affect any of your orders already placed with us.
12. Despite our best efforts, a small number of the items in our catalogue may be mis-priced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product.
13. When ordering products from us for delivery outside of mainland UK you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from us, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
Cancellation and Order Amendment
14. Unless one of the exceptions listed below applies, you can cancel your order without giving any reason within 14 days from the day on which you or a third party indicated by you (other than the carrier) receives the goods purchased (or last good, lot or piece if it relates to goods or multiple lots or pieces delivered separately).
15. You must inform us of your decision to cancel your order. You must submit your request in writing. To meet the cancellation deadline, it is sufficient for you to send your communication before the 14 days’ cancellation period has expired and return the item via our return centre.
16. We will reimburse all payments received from you for the goods purchased and will also reimburse delivery charges for the least expensive type of delivery offered by us, no later than 14 days from the day on which we received the above communication. We will use the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. If reimbursement occurs after the maximum time period mentioned above, the amount due to you will as of right be increased. You must send back the goods no later than 14 days from the day on which us you communicate your cancellation. You will have to bear the direct cost of returning these goods. You may be liable if the value of the goods returned diminishes due to the handling of the goods (except when it was necessary to establish the nature, characteristics and functioning of the goods).
17. The right of cancellation does not apply to the delivery of products which are not suitable for return due to health protection or hygienic reasons if unsealed by you after delivery, or which are, after delivery, inseparably mixed with other items; the supply of goods made to your specifications or clearly personalised; the supply of goods which may deteriorate or expire rapidly; a service if we have fully performed it and you accepted when you placed your order that we could start to deliver it, and that you could not cancel it once delivery had started;
18. You shall have 15 minutes to notify us via writing if you want to amend any details of the services / order. We will take the required initiatives to do the modifications. We may include the extra cost in the fees and invoice it to you. If the notification is received after 15 minutes of the order request, we shall have a right to reject modifications to the order and accept it as it has been initially presented.
19. If we do alter our services or the ways we provide our due to reasons beyond our control, we will inform it you right away. We make the most of our resources to do minimum changes.
Returns and Refund
20. All products from the our site can be returned within 30 days of receipt of the products to us if the products are complete and are in an unused and undamaged condition. For shrink-wrapped and/or sealed data media this means that we only take back the products in the unopened shrink wrap film or with an undamaged seal. The products are to be returned via [delivery method for returns]. This voluntary returns guarantee does not apply to digital products or software which are not supplied on a tangible medium.
21. If you return products according to this provision, we will refund to you the purchase price already paid by you, but not the delivery costs of your initial purchase. Likewise the transport risk and return costs might be borne by you. This provision does not affect your statutory rights and therefore does not affect your right of cancellation as described above.
22. All payments shall be made by bank card.
23. You should pay the due fees in order to complete the order. Unless the payment has been made, a contractual relationship between you and Company shall not be created, and no obligations shall be imposed on us. We can suspend further provision of the service if you do not pay within the mentioned and cancel any future assistance that have been availed by you or arranged with you.
24. Payment due under these Terms and Conditions should be done entirely with no deduction. If you withhold payment as required by law, none of us can assert any credit, set-off or counterclaim against the other to justify withholding payment of any amount in whole or in part.
25. Receipts for payment will be issued by us immediately after the completion of the payment.
26. All payments must be made in the currency published on our website.
Sub-Contracting and Assignment
27. We can assign, transfer, charge, subcontract or deal in any other way anytime with all or
any of your rights according to these Terms and Conditions. We can also delegate or subcontract or delegate any or all of our obligations to any third party.
28. You should not assign, transfer, charge, subcontract or deal in any other manner with all or any of your rights or obligations under these Terms and Conditions without our prior written consent.
29. We may terminate the provision of the Services if you commit a material breach of your obligations under these Terms and Conditions or fail to make pay any amount due under the Contract on the due date for payment; or
30. We reserve intellectual property rights and all copyright that may subsist in any goods supplied in connection with the provision of the Services. We reserve the right to take any appropriate action to prevent or restrain the breach of such intellectual property rights.
31. All content included in or made available through any Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Venom Scent or its content suppliers. The compilation of all content included in or made available through any Services is the exclusive property of the Company.
32. You may not extract and/or re-utilise parts of the content of any Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Service (e.g. our prices and product listings) without our express written consent.
Responsibility and Indemnity
33. Our liability under these Terms and Conditions, and in breach of statutory duty, and in tort or misrepresentation or otherwise, shall be limited as set out in this section.
34. The Company will not be liable for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
35. We are not liable (whether caused by our employees, agents or otherwise) in connection with our provision of the Services or the performance of any of our other obligations under these Terms and Conditions or the quotation for:
a. any indirect, special or consequential loss, damage, costs, or expenses or;
b. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; or
c. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; or
d. any losses caused directly or indirectly by any failure or your breach in relation to your obligations; or
e. any losses arising directly or indirectly from the choice of Services and how they will meet your requirements or your use of the Services or any goods supplied in connection with the Services.
36. You must indemnify us against all damages, costs, claims and expenses suffered by us arising from any loss or damage to any equipment (including that belonging to third parties) caused by you or your agents or employees.
37. Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence, or for any fraudulent misrepresentation, or for any other matters for which it would be unlawful to exclude or limit liability.
38. The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Circumstances beyond a party’s control
39. Neither of us is liable for any failure or delay in performing our obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the party in question. If the delay continues for a period of 90 days, either of us may terminate or cancel the Services to be carried out under these Terms and Conditions.
40. When you use any of our Services or send e-mails to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, or by posting e-mail messages or communications on the website or any other relevant communication methods. For contractual purposes, you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
41. Customers may post reviews, comments and other content on our platform, and submit suggestions, ideas, comments, questions or other relevant or product/service related information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to us or third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may be able to delete or modify the content you have already posted.
42. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid notice, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any of our Services contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information posted by another user please notify us by any electronic mean specified in Clause 40.
43. Should you post customer reviews, comments, or other content generated by you for display on the website (including any images, video or audio, all together "content", you grant us a non-exclusive, royalty-free right to use, reproduce, publish, make available, translate and modify such content throughout the world (including the right to sublicense these rights to third parties) and the right to use the name that you submit in connection with such content. By deleting content from public view, you terminate our right to publish and make available that content publicly.
44. You hereby warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify us for all claims brought by a third party against us arising out of or in connection with the content and material you publish except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content arising out of or on the grounds of, or originating from the content that you have communicated to us.
45. Venom Scent is represented and owned by Daniels Stores Ltd, a limited liability company registered in England & Wales; hence, all relevant communication shall be directed to Daniels Stores Ltd.
46. No delay, act or omission by a party interfering any right or remedy will be deemed a remission of that, other right or remedy nor stop further exercise of any other right, or remedy. If you breach these Terms & Conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms & Conditions.
47. If either of the Terms and Conditions is found to be illegal, invalid or otherwise unenforceable, that / those provision(s) will be deemed severed from the remainder of these Terms and Conditions (which will remain valid and enforceable).
48. We reserve the right to make changes to any Services, policies, terms and conditions including these Terms & Conditions, and Service Terms at any time. You will be subject to the terms and conditions and policies in force at the time that you use the Services. If any of these terms and conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
Law and jurisdiction
49. These Terms and Conditions framed and laid out as per the English law. All conflicts disputes arising under these Terms and Conditions are subject to the exclusive jurisdiction of the English courts.