GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS (Scents bv – CBE no. 0477.039.169 )
1. Parties
Scents BV with company number BE0477.039.169
with registered office at Vakenderveld 7 bus 4, 2500 Lier, hereinafter referred to as “we,” and any natural person or legal entity to whom we supply goods or
services, regardless of the actual beneficiary thereof, hereinafter referred to as “you.”
2. Application
2.1 Unless otherwise agreed in writing, our general terms and conditions apply in full to all quotations issued by us,
accepted orders, and all contracts concluded of any nature whatsoever, to the exclusion of the customer’s general terms and conditions.
2.2 Insofar as our quotations or the orders accepted by us or contracts concluded deviate from certain clauses of these general terms and conditions in any special conditions, the other provisions of our general terms and conditions shall remain fully applicable. All prices quoted by us are exclusive of VAT.
2.3 Unless otherwise agreed in writing, our general terms and conditions shall apply to all transactions between us and our customers. VAT
2.3 If one or more provisions are invalid or contrary to applicable law, you must consider these provisions to be valid,
with the result being as close as possible to the original intention. Scents may change the terms and conditions at any time. Minor
or mandatory changes (e.g., linguistic and fiscal) are immediately applicable. In the event of significant changes, you have a
30-day objection period after receipt.
2.4 By placing an order, you acknowledge and agree that (i) you have read and accept these terms and conditions; (ii) you have been correctly informed
about rates, your rights, and, where applicable, your right of withdrawal; (iii) you guarantee payment.
3. Cancellation & termination
3.1 The agreement shall be dissolved by operation of law if (i) you or Scents are declared bankrupt. In the event that the provisions of the Judicial
Reorganization Procedure (GRP) apply, the agreement may be dissolved without prior judicial intervention if you
rectify your contractual breach within 15 days after we have given you notice of default (Art. XX 56 WER); (ii) there is
force majeure due to sudden, unpredictable, and unavoidable situations over which we have no reasonable control.
3.2 Upon termination (i) we may charge for the delivered goods and all associated costs that are considered indivisible; (ii) both parties
waive any compensation; (iii) any advances already paid for goods not yet delivered or services not yet performed will be refunded within
30 days of termination.
3.3 Once goods have been delivered, you can no longer cancel your order. If you cancel before delivery, you will owe compensation
of 35% of the order value of the canceled items, unless higher damages can be demonstrated or if, after judicial
intervention, a different amount is awarded.
4. Right of withdrawal
4.1 If you are a consumer and have placed an order via “distance selling” (e.g. via our webshop), you may withdraw from the agreement free of charge and without giving any reason, subject to the following conditions:
4.1.1 You have received the goods within 14 days of the order date.
1) you notify us of your decision to withdraw in writing within 14 days of placing the order;
2) the 14-day period starts on the start date of the agreement or the day on which you or a third party designated by you, who is not the carrier,
physically takes possession of the goods. In the case of multiple goods or goods consisting of different shipments or parts that are part
of a single order delivered separately, the day after physical possession of the last good or the last shipment or
the last part counts. In the case of regular delivery during a certain period, the day after physical possession of the first goods. For
services, the period starts from the day after the conclusion of the agreement;
3) You must handle the goods with appropriate care during the withdrawal period. You may only unpack them to the extent necessary to
determine whether you wish to keep them or not. Any reduction in value may be charged if it is the result of handling the
goods beyond what was necessary to determine their characteristics and verify their proper functioning;
4) You must return the goods within 14 days of the withdrawal notification, with all accessories and manuals and, as far as possible, in the
original packaging. You are responsible for the costs of the return shipment.
4.2 The right of withdrawal does NOT apply to: (i) goods that are liable to deteriorate rapidly or have a limited shelf life; (ii) sealed goods that
have been opened after delivery; (iii) goods that have been made or modified according to your specifications or are clearly personalized; (iv) goods that have been irrevocably mixed after delivery; (v) services already performed that were commenced at your request during the
withdrawal period; (vi) goods and services subject to price fluctuations on the market during the withdrawal period over which we have no
influence; (vii) agreements you conclude at our stand at (trade) fairs; (viii) agreements concluded through public auction.
4.3 We will confirm receipt of your notice of withdrawal as soon as possible and make any refunds within 14 days of your
notification. We may defer payment until we have received all goods back or until you provide proof that they have been returned, whichever
occurs first. Any additional costs incurred as a result of your explicit choice of a delivery method other than our cheaper
standard delivery will be settled first.
5. Delivery period.
5.1 The delivery period specified by us is indicative. Exceeding this period does not entitle the customer to any compensation or
the right to terminate the agreement solely on this ground. We are entitled to deliver orders in parts.
5.2 In the case of phased (partial) deliveries, we may consider each delivery as a separate transaction.
For home deliveries, you will receive a track & trace link from Bpost. It is your responsibility to track the delivery. If you have not received the package or
it has been damaged, you must report this in writing within 3 days. After this period, the valid complaint handling period at Bpost expires and
we can no longer take responsibility.
5.3 Notwithstanding Article 1583 of the Civil Code, the goods sold and delivered remain our exclusive property until they have been paid for in full. You
must treat the goods with care and may not trade, dispose of, or modify them. In the event of irreparable damage, theft, or loss caused by
you, you owe us the replacement value.
6. Return Policy
You must indicate your return/repair in advance by e-mail to [email protected] or contact us by telephone on +32 3 233 66 16. You can
register your return within 14 days of receiving the product. If you exceed the return period for any reason,
we may charge a €10 planning fee and refer to the consequences of non-return for rental formulas as described below
. Additional tips and practical points to note for returns are described in detail on our website under Return Policy.
7. Warranty, defects, or complaints
7.1 As a consumer, you are legally entitled to a 2-year warranty from the date of purchase. In the event of a lack of conformity, you must notify us
in writing as soon as possible and no later than 2 months after discovery. After that, defects will not be considered a lack of conformity,
unless proven otherwise. If commercial warranties apply in addition to the legal warranty, those warranty conditions are always
limited to those granted by the manufacturer and as explicitly stated on the invoice.
7.2 You shall inspect the condition and quantity of goods upon delivery or at the time of collection. In the event of damage, incompleteness, or error,
you must refuse the delivery or accept it only with reservation. Acceptance of delivery covers visible defects.
7.3 We do not accept complaints if you have processed, altered, or partially consumed the delivered goods, if they have been modified by you or by third parties, or if you have not followed the instructions for use and maintenance.
7.4 We will acknowledge every complaint or warranty request within 7 working days. You will allow us a reasonable period of time to take remedial measures
such as replacement, repair, or compensation. In the meantime, you may not take any action that could affect the functionality or normal wear and tear of the
goods or installations concerned.
8. Rates, invoicing, and payment terms.
8.1 All our invoices are payable no later than the due date indicated on the invoice or, failing that, no later than 30 days
after the invoice date.
8.2 In the event of late payment, we may, without being liable for any compensation whatsoever: (i) suspend our contractual
obligations and further deliveries or performance of new orders or services until all outstanding invoices have been paid; (ii)
terminate existing agreements in their entirety or for the part not yet performed without prior judicial intervention
by means of simple notification. At that time, we are entitled to collect all our materials from the customer.
8.3 Any (partial) payments will first be allocated in accordance with Article 1254 of the Civil Code: (i) to the accrued default interest and only then to the
principal amount; (ii) to the oldest outstanding invoice, regardless of which invoice you assign the payment to.
8.4 In the event of late payment, we will initiate a collection procedure, either directly or through external partners to whom we will provide the necessary information.
8.5 If an invoice is not paid on the due date, the customer shall be liable, by operation of law and without any prior notice of default, to pay
conventional default interest equal to 10% per annum calculated from the invoice date. In addition, the client shall be
legally liable, without prior notice of default, for a fixed compensation of 10% of the total invoice amount.
8.6 In the event of late payment of a single invoice, all other invoices that are not yet due shall become immediately payable by operation of law and without prior notice of default. Even in the event of termination of the agreement, all invoices still due shall become immediately payable.
8.7 For invoice collection from consumers, we follow the guidelines of Code XIX (WER). We will send you a first free payment reminder
with a term of 14 calendar days to make the payment. This starts on the calendar day following the date of dispatch of the reminder
by email or on the third working day after dispatch by post. If you do not pay within the 14-day period, the following collection costs will apply: (i)
Interest on arrears in accordance with Article 5 of the Law of August 2, 2002, on combating late payment in commercial transactions; (ii) A one-time
lump sum compensation clause of €20.00 + 5% on the outstanding amount in the bracket above €500.01, with a maximum of €2,000.00; (iii) in the case of
regular deliveries to consumers (private individuals), the first 3 payment reminders per calendar year are free of charge. From the 4th reminder onwards, you will be charged
€7.50 collection costs + shipping costs.
You have the right to request additional information about invoices and to dispute them, and you may request a payment plan (which we
may grant or refuse). You must do this within 14 days by means of a written request, after which we or our debt collectors will temporarily suspend the collection procedure
in accordance with the legal deadlines.
8.8 For invoice collection from companies, the Late Payment Act dated August 2, 2002 applies, including the provisions
on interest due in Article 5. From the due date of the invoice, a fixed compensation of at least €20 is payable by operation of law and without prior notice or
notice of default, plus any fixed administrative costs of
€12.50 plus any bank, postage, and/or transaction costs (if applicable) and, where applicable, legal costs.
You shall notify us of any scenario that could prevent timely payment, such as seizure, bankruptcy, voluntary liquidation, WCO, or debt mediation.
You acknowledge that claims arising from our contractual relationship are fully secured by a general pledge on all your existing and future claims against third parties, regardless of their nature.
9. Refunds and reciprocity clause
Refunds will be made using the same payment method used for the original transaction, unless you request a different payment method. No interest, transaction or administration costs apply to refunds. In accordance with Art. VI.83 WER. 17°, as a consumer you are entitled to equivalent compensation if we fail to meet our contractual obligations. In such cases, the amounts specified in these terms and conditions apply to both parties.
10. Termination of the agreement.
Our agreements are considered dissolved by operation of law in the event of the customer’s bankruptcy. In the event that the customer invokes
the provisions of the Judicial Reorganization Procedure (GRP), we have the right to terminate the agreement without prior judicial intervention if the customer remedies their breach of contract within 15 days after being given notice of default by us (Art. XX 56 WER).
11. Warranty.
In the case of purchased goods, the warranty period and warranty conditions are always limited to those of the manufacturer of the goods delivered by us.
12. All-inclusive rental formula: Special conditions in the case of renting a fragrance device (diffuser).
12.1 After signing the order and from the moment the scent device is installed/activated, the customer has a 30-day trial period and may notify us in writing at info@scents. be within 5 working days thereafter to indicate that they do not wish to continue the agreement, and the scent device must be returned to us within 5 working days thereafter. If the device is not returned, the customer will be deemed to have purchased the device at the price stated on the order.
12.2 If the customer does not indicate that they do not wish to continue the rental during the trial period of 1 month + 5 days, the
rental agreement is deemed to have been concluded for a fixed period of 2 years. After that period, the customer may terminate the agreement at any time
by giving notice by email as specified in Article 12.1, subject to a notice period of 3 months commencing on the 1st of the month following the notice.
12.3 Scents is entitled to terminate the agreement after two years, provided that six months’ notice is given before the end of the rental period. Scents is also entitled to terminate the rental agreement unilaterally and without prior judicial intervention in the event of non-payment of an invoice. Scents guarantees the proper functioning of the fragrance device and the availability of sufficient fragrance bottles or refills in accordance with the programmed consumption. Scents guarantees the replacement of a defective device within 5 working days of notification of the defect. The fragrance can be changed up to twice a year, with fragrance changes taking place during the next maintenance visit.
12.4 The monthly fixed rental fee covers the installation, programming, and rental of the scent device and includes the cost of scent consumption, but this is limited to the number of scent bottles required for normal average consumption of 38 hours/week, at the intensity set by us during the initial programming. If the number of fragrance bottles is exceeded, the extra bottles will be charged at the price applicable at that time.
12.5 The rent shall be adjusted on January 1 of each year in line with the consumer price index, without the rent being less than at the start of the agreement.
12.6 At the start of the rental agreement, the customer will be charged a deposit of 2 months’ rent. This will be refunded to the customer
at the end of the collaboration, provided that the fragrance device is returned to us in good condition and working order and the customer has paid all invoices. Scents thus has the right to proceed to compensation. If the fragrance device is not returned by the customer,
they will be deemed to have purchased the fragrance device at the price stated in the order.
12.7 De All-In Rent huurbedragen worden per kwartaal gefactureerd, telkens aan de start van het huidige kwartaal.
De klant staat gedurende de volledige duur van de overeenkomst tussen partijen in voor de beveiliging en het behoud van het door ons ter
beschikking gestelde materiaal.
12.8 In the event of theft, irreparable damage caused by the customer or by third parties, or loss of our scent device, the customer shall reimburse the device at its replacement value, calculated at the price stated in the order. In the event of repairable damage, the customer shall reimburse the repair costs at cost price plus a loss-of-use compensation of 25%.
13. Specific to the All-In Rent Light formula:
13.1 Scents guarantees the proper functioning of the scent device and provides one maintenance visit per year, as well as the availability of sufficient fragrance bottles according to the programmed consumption. Scents guarantees the replacement of a defective device within 5 working days after the defect has been reported.
13.2 The above conditions (All-in Rent) also apply to the All-in Light formula, with the exception of the following:
Maintenance frequency: the annual stock of fragrance oil is delivered once per year during the yearly maintenance visit. If the number of fragrance bottles is exceeded, the additional bottles will be charged at the sales price applicable at that time.
Contract duration: the rental agreement is concluded for a minimum period of 3 years, with a notice period of 3 months, starting from the first day of the following month.
14. Specific to the Maintenance formula:
Special conditions in case of maintenance (Maintenance formula) with a fragrance device (diffuser) purchased by the customer.
14.1 The maintenance agreement is concluded for a fixed period of at least 2 years. After this period, the customer may terminate the agreement at any time by notifying Scents by email, subject to a notice period of 3 months starting on the first day of the month following the notification.
14.2 Scents is entitled to terminate the agreement after 2 years, subject to a notice period of 6 months before the end of the relevant term. Scents is also entitled to terminate the agreement unilaterally and without prior judicial intervention in the event of non-payment of an invoice.
14.3 The fixed monthly fee includes the installation, programming and maintenance visits of the purchased scent device and excludes the cost of fragrance consumption. The fragrance consumption, as refilled during each maintenance visit by Scents, will be charged separately on the quarterly invoice. The rate for fragrance consumption corresponds to the sales price of the fragrance bottles applied by Scents at that time. Invoicing takes place quarterly, at the end of each quarter.
14.4 Scents guarantees the proper functioning of the scent device and ensures the availability of sufficient fragrance bottles or refills according to the programmed consumption. Scents guarantees the replacement of a defective device within 5 working days after the defect has been reported.
14.5 The customer is responsible, throughout the entire duration of the agreement between the parties, for the security and preservation of the equipment made available by us.
The present general terms and conditions remain fully applicable in all other respects.
15. Contractual pledge.
The customer acknowledges that our claims arising from the contractual relationship with the customer are fully secured by a general pledge on all of the customer’s existing and future claims against third parties, regardless of their nature.
16. Liability
16.1 We are only liable for damage resulting from the non-performance of our obligations, intentional gross fault, or fraud. In any case, our liability is limited to the coverage provided by our insurance policies. If such coverage does not apply to the damage, our liability, both contractual and non-contractual, is limited to the principal amount and costs, including VAT, paid by you for the goods supplied or services performed for which liability is established.
16.2 Damage, complaints, and liability claims do not release you from your obligation to pay.
16.3 If you become aware of any situation that may lead to a claim or request against Scents, you must notify us immediately.
17. Complaints and disputes
17.1 Any complaints must be submitted in writing no later than 5 days after occurrence, allowing us a reasonable period to propose appropriate remedial or compensatory measures. We will acknowledge receipt of your complaint within 30 days and will then handle it as quickly as possible and to the best of our ability.
17.2 You may also submit complaints to an independent mediator such as the Consumer Ombudsman Service or Belmed. Please note that this may involve costs.
18. Privacy policy
18.1 We collect and process personal data for the purpose of executing the agreement, processing orders, delivering goods, handling complaints, collecting invoices, providing informational communication, customer management, accounting and direct marketing. The legal bases for this processing are the performance of the agreement, compliance with legal and regulatory obligations, and/or legitimate interest.
18.2 We comply with Belgian legislation and the GDPR regarding the processing of personal data. We always treat the data received as confidential and do not share it with third parties without your explicit consent.
18.3 You have the right to access the personal data we hold about you, to have it corrected, and to object to its use for direct marketing purposes by means of a written and reasoned request.
19. Jurisdiction and applicable law
19.1 All our agreements are governed exclusively by Belgian law. The parties expressly agree to exclude the provisions of the Vienna Convention on the International Sale of Goods.
19.2 All disputes arising from the agreement fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, division Antwerp, unless other consumer rights apply.
Return and repair policy
When do I report a return?
- In case of wrong delivery
- In case of product failure
- For returning a rented product
When can I have a repair done?
- When your fragrance appliance no longer emits fragrance
- When your device makes more noise than normal
- If the fragrance bottle leaks into the unit
- If we cannot fix the problem over the phone
How do I report a return or repair?
You must notify your return/repair in advance by mail to
[email protected]
or by phone at +32 3 233 66 16.
You can register your return within 14 days of receiving the product. You return the goods within 14 days of the cancellation notice with all accessories and manuals and, as far as possible, with the original packaging. In consultation with Scents, you may opt from any of these three options:
- Exchange your product free of charge for another product with the same retail value
- Return your product for free and get your money refunded
- Getting your product repaired
Thank you for also returning the product in its original packaging for as much as possible.
Do you repair my product at home or do I have to send it? What are the terms of repair?
Return via Bpost:
You can always return your device via Bpost, for which we will send you a return label by e-mail. We provide a prompt repair so you can quickly enjoy your fragrance experience again.
May we ask you to send the device within 21 days, after the damage is determined. This keeps the transportation cost incl. the repair cost unchanged.
In case of later receipt, we unfortunately have to charge an additional 10,00€ planning fee.
If the front of the fragrance appliance has suffered glass damage (corner broken off, scratches, etc.), you can have it repaired for a total cost of €150.00 excluding VAT.
If the device is still within the 2-year warranty for manufacturing defects, the repair is completely free of charge. If it is out of warranty, the standard repair cost (inner mechanical & electronic repair) is 90.00€ excl.VAT (or 45.00€ for home appliances). For this, you then have another as good as new device.
Still prefer an on-site repair?
For an additional cost of 60.00€ excl. BTW our technicians will come on site to make the repair, we always make an appointment for this. Please note; not every defect can be repaired on site.
What do I pay attention to when returning my device?
To receive the device in correct condition, please follow the following steps carefully:
- Take a picture of the device before returning it. Keep this photo or send it in advance by e-mail.
In the absence of a photo, Scents assumes that the external features of the unit are the same when packed by the customer & unpacked by Scents. - Remove the fragrance bottle from the unit, this is to prevent damage & leakage during transportation.
- Pack the device properly and securely (e.g., with newspaper, padding or the like. The unit should not have any slack in the box)
- Stick the return label on the box(mailed by Scents).
- Also stick the sticker
“Fragile
on the box. - Bring the parcel to a Bpost point
You will then receive a track & trace link via Bpost. - Please keep your shipping receipt until your return has been processed by us.
!!! see last page for Bpost’s official guidelines !!!
How long does a repair take?
We strive to repair your device within 7 days.
When we resend this to you, you will receive a track & trace link by email via Bpost.
Can I try a product at home?
Yes, you may try your product as you would in the shop.
Don’t like the product? Then you can return it within 14 days. However, it is important to return your product in its original condition and packaging. That way we can make someone else happy with it.
How soon will I be refunded after returning?
Once we have processed your return, we will refund you within 14 business days.
What if I received the wrong product?
Oops, that’s not the intention. Report this via email [email protected] and we’ll make sure you get the right products delivered quickly.
Why will I get less money back for my returned product?
If so, your product was probably not returned in its original condition. In that case, we determine what the depreciation is based on the condition of the device.
The final amount you receive is determined by:
- The depreciation of the product. It is based on three factors:
- Product damage
- Damage to packaging
- Product completeness
Will you repair my product or get me a new one?
If your product does not break down due to your own actions and within 30 days of purchase, you will simply get a new one. Does your product break down after that? Then we will repair your product. You always have a 2-year warranty on fixed parts of the fragrance appliances you purchase.
What warranty do I have on fragrance appliances?
You get a standard 2-year warranty against manufacturing defects on all fragrance appliances.
Is my repair free of charge?
- Free repair in case of manufacturing defect:
If your product breaks down due to a manufacturing defect within the 2-year warranty period, the repair will be free of charge. - Paid repair at:
- User damage:
When the defect is due to your own fault, it is called user damage. This is not covered by the manufacturer’s warranty. - When your device is out of the 2-year warranty period.
- User damage:
When does my product have user damage?
If your product stops working properly due to misuse. A repairman will examine your device to determine how the defect occurred and whether the repair is covered by the manufacturer’s warranty. If you want to have user damage repaired, we will charge the repair cost.
Examples of misuse:
- Spilling liquids over the device
- Device knocked over or dropped
- Geurfles incorrectly turned in the unit
- The device incl. lay fragrance bottle flat and transport it this way. The unit should always be transported standing, excl. the fragrance bottle. This will prevent leakage.
Delivery:
You will receive a track & trace link from Bpost, it is the customer’s responsibility to properly track the receipt of the package. If you did not receive the package or received it damaged, please email us within 3 days. For subsequent reports, we can no longer take responsibility because the valid deadline for complaint handling with Bpost has expired.
Bpost guidelines: wrapping your package safe and sound
Be sure to follow these guidelines, set out by Bpost, to get your parcel to Scents in good condition: