GENERAL TERMS AND CONDITIONS

GENERAL TERMS AND CONDITIONS (Scents bv – CBE no. 0477.039.169 )

1. Application.

Our general terms and conditions are, except for written deviation, integrally applicable to all offers issued by us, accepted orders and to all concluded contracts of any kind and this to the exclusion of the customer’s general terms and conditions.

Insofar as our quotations or orders accepted by us or contracts concluded by us deviate in any special conditions from certain clauses of these general terms and conditions, the other provisions of our general terms and conditions shall remain fully applicable. All prices quoted by us are excluding VAT.

If one or more provisions would be void or contrary to applicable law, you should consider these provisions as valid, with the result as close as possible to its original intention. Scents may amend the terms and conditions at any time. Minor or mandatory changes (e.g. linguistic and fiscal) apply immediately. For major changes, you have a 30-day objection period after receipt.

By ordering, you (i) acknowledge and accept these terms and conditions; (ii) are correctly informed about rates, your rights and, if applicable, right of withdrawal; (iii) guarantee payment.

2.Cancellation & rescission.

The agreement will be terminated by operation of law if (i) you or Scents are in bankruptcy. In the event the provisions of the Judicial Reorganisation Procedure (GRP) play with the right to dissolve the Agreement without prior judicial intervention in the event that you undo your contractual default within 15 days after you were put in default by us to do so (art. XX 56 WER); (ii) there is force majeure due to sudden, unpredictable and unavoidable situations beyond our reasonable control.

Upon dissolution (i) we may charge the delivered goods and all related costs deemed indivisible; (ii) both parties waive any damages; (iii) advances already paid for what has not yet been delivered or executed shall be refunded no later than 30 days after dissolution.

As soon as goods have been delivered, you can no longer cancel your order. If you cancel before delivery, you will owe compensation of 35% on the order value of the cancelled goods, unless a higher damage can be proven or a different amount is awarded after judicial intervention.

3. Right of Withdrawal.

If you are a consumer and ordered via ‘distance selling’ (e.g. via our web shop), you may withdraw from the contract without any cost and without giving any reason, subject to the following conditions:
1) you notify us of your decision to withdraw in writing within 14 days of the order;

1) you notify us of your decision to withdraw in writing within 14 days of the order;
2) the 14-day period starts on the commencement date of the contract or the day on which you or a third party designated by you, who is not the carrier, takes physical possession of the goods. In case several goods or goods composed of different consignments or parts forming part of a single order are delivered separately, the day after physical possession of the last good or consignment or part counts. In the case of regular delivery over a period of time, the day after physical taking possession of the first good. For services, the period starts from the day after conclusion of the contract;
3) You treat goods received with due care during the withdrawal period. You shall only unpack them to the extent necessary to determine whether or not you wish to keep them. Any reduction in value may be charged if it results from handling the goods beyond what is necessary to establish their characteristics and proper functioning;
4) you return the goods within 14 days of the withdrawal notice with all accessories and manuals and, as far as possible, with the original packaging. You pay the costs for the return shipment yourself;

The right of withdrawal does NOT apply to: (i) goods that may spoil quickly or have a limited shelf life; (ii) sealed goods that were opened after delivery; (iii) goods that were made or modified according to your specifications or clearly personalised; (iv) goods that were irrevocably mixed after delivery; (v) services already performed and commenced at your request during the withdrawal period; (vi) goods and services subject to price fluctuations in the market during the withdrawal period which are beyond our control; (vii) contracts you conclude on our stand at (trade) fairs; (viii) contracts concluded by public auction.

We will confirm receipt of your cancellation notification as soon as possible and will make any refunds within 14 days of your notification. We may postpone payment until we have received all goods back or until you demonstrate that they have been returned, whichever comes first. Any additional costs due to your express choice for a delivery method other than our cheaper standard delivery will be settled first.

4. Delivery period.

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.

In the case of phased (partial) deliveries, we may consider each delivery as a separate transaction.

In the case of home delivery, 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 is damaged, you must report this in writing within 3 days. Afterwards, the valid complaint handling period at Bpost expires and we can no longer accept any responsibility.

In deviation from art. 1583 B.W., the sold and delivered goods remain our exclusive property until full payment has been made You must treat the goods with care and may not trade, alienate or modify them. In the event of irreparable damage, theft or loss due to your actions, you owe us the new value.

5. 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 terms for returns for whatever reason, we may charge a planning fee of €10 and refer you to the consequences of not returning for rental formulas as described below. Additional tips and practical points of attention for returns are described in detail on our website under Return policy.

6. Warranty, defects or complaints.

As a consumer, you are legally entitled to a 2-year warranty starting from the date of purchase. In the event of a conformity defect, you must notify us in writing as soon as possible and no later than 2 months after discovery. After that, defects are deemed not to be a conformity defect, unless proven otherwise. If, in addition to the statutory warranty, commercial warranties also apply, these warranty conditions are always limited to those granted by the manufacturer and as we explicitly state them on the invoice.

You inspect the condition and quantities of goods upon delivery or at the time of collection. In the event of damage, incompleteness or error, you must refuse the delivery or only accept it subject to reservation. Acceptance of delivery covers visible defects.

We do not accept complaints if you have processed, changed, partially consumed delivered goods, if they have been modified by you or by third parties or if you have not respected the instructions for use and maintenance.

We will confirm every complaint or warranty request within 7 working days. You grant us a reasonable period for remedial measures such as replacement, repair or compensation. You may not take any actions in the meantime that could affect the functionality or normal wear and tear of the goods or installations concerned.

7. Rates, invoicing and payment terms.

All our invoices are payable no later than the due date as stated on the invoice or, in the absence thereof, no later than 30 days after the invoice date.

In the event of late payment, we may, without being liable for any compensation of any kind: (i) suspend our contractual obligations and further deliveries or performance of new orders or services until payment of all invoices due; (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.

Any (partial) payments are made in accordance with art. 1254 B.W. first allocated: (i) to the accrued default interest and only then to the principal sum; (ii) to the oldest outstanding invoice, regardless of which invoice you allocate the payment to.

In the event of late payment, we will start a collection procedure, whether or not via external partners to whom we will provide the necessary information for this purpose.

If an invoice is not paid on the due date, the customer is legally and without any prior notice of default liable to pay a conventional default interest equal to 10% per year, calculated from the invoice date. In addition, the client is legally and without prior notice of default liable to pay a fixed compensation of 10% of the total invoice amount.

In the event of late payment of one invoice, all other invoices that have not yet expired will become immediately due and payable by operation of law and without prior notice of default. Also in the event of termination of the agreement, all invoices that have not yet expired will become immediately due and payable.

For invoice collection from consumers, we follow the guidelines of the 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 sending the reminder by e-mail or on the third working day after sending by post. If you do not pay within the 14-day term, the following collection costs apply: (i) Late payment interest according to art. 5 Act of 2 August 2002 on combating late payment in commercial transactions; (ii) One-off fixed penalty clause of €20.00 + 5% on the outstanding amount in the tranche above €500.01 with a maximum of €2,000.00; (iii) in the case of regular delivery to consumers (private individuals), the first 3 payment reminders per calendar year are free. From the 4th reminder, you pay €7.50 collection costs + shipping costs.

You have the right to request additional information about invoices and to dispute them and may request a payment plan (which we may grant or refuse). You do this within 14 days by written request, after which we or our collectors will temporarily suspend the collection procedure according to the statutory terms.

For invoice collection from companies, the Late Payment Act for Commercial Transactions of 02.08.2002 applies, including the provisions on interest due in art. 5. From the due date of the invoice, a fixed compensation is due by operation of law and without prior notice or notice of default, with a minimum of €20, plus any fixed administration costs of €12.50 plus any bank, postage and/or transaction costs (if applicable) and any legal fees.

You notify us of any scenario that may prevent prompt payment, such as seizure, bankruptcy, voluntary liquidation, WCO or debt mediation.

You acknowledge that claims arising from our contractual relationship are fully guaranteed by a general pledge on all your existing and future claims against third parties, regardless of their nature.

8. 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°, you as a consumer are entitled to equivalent compensation if we fail to meet our contractual obligations. In such a case, the amounts in these conditions apply to both parties.

9. Termination of the agreement.

Our agreements are automatically considered to be terminated in the event of bankruptcy of the customer. In the event that the customer invokes the provisions of the Judicial Reorganisation Procedure (GRP), we have the right to terminate the agreement without prior judicial intervention if the customer undoes his contractual breach within 15 days after we have given notice of default (art. XX 56 WER).

10. Warranty.

In the case of purchased goods, the warranty period and warranty conditions are always limited to those of the manufacturer of the goods supplied by us.

11. All-in rental formula: Special conditions in case of rental of a fragrance device (diffuser).

After signing the order and from the placement / commissioning of the fragrance device, the customer has a test period of 30 days and the customer can indicate by means of a written notification to the e-mail address [email protected] within the following 5 working days that he does not want to continue the agreement and the fragrance device must be returned to us within the following 5 working days. In the absence of return, the customer is deemed to have purchased the device at the price as stated on the order.

In the event that the customer does not indicate that he does not want to continue the rental, during the test 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 can terminate the agreement at any time by means of a notification by e-mail as under art. 12.1 with a notice period of 3 months starting on the 1st of the month following the notification.

Scents is entitled to terminate the agreement after 2 years with a notice period of 6 months before the end of the expiry 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 presence of sufficient fragrance bottles or filling thereof depending on the programmed consumption. Scents guarantees the replacement of a defective device within 3 working days after notification of the defect The fragrance can be changed up to 2x per year, fragrance changes are always done during the next maintenance visit.

The monthly fixed rental amount includes the installation, programming and rental of the fragrance device and includes the cost of the fragrance consumption, but this is limited to the number of fragrance bottles required for a normal average consumption of 38 hours/week, at the intensity as 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.

The rental amount will be adjusted on 1 January of each year to the consumer price index, without the rental price being able to be lower than at the start of the agreement.

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, insofar as and as soon as the fragrance device is returned to us in good condition and working order and the customer has paid all invoices. Scents is therefore entitled to compensation. In the event that the fragrance device is not returned by the customer, the customer will be deemed to have purchased the fragrance device at the price stated in the order.

The All-In Rent rental amounts are invoiced quarterly, each time at the start of the current quarter.

The customer is responsible for the security and preservation of the material made available by us for the entire duration of the agreement between the parties.

In the event of theft, irreparable damage by the customer or by third parties or the loss of our fragrance device, the customer will have to compensate for this at new value calculated at the price stated in the order. In the event of repairable damage, the customer will have to reimburse the repair costs at cost price plus a loss compensation of 25%.

12. Specific for All-In Rent Light formula.

Scents guarantees the proper functioning of the fragrance device and provides 1 maintenance visit per year, as well as the presence of sufficient fragrance bottles thereof depending on the programmed consumption Scents guarantees the replacement of a defective device within 3 working days after reporting the defect.

The above conditions (All-in Rent) also apply to the All-in Light formula.
With the exception of:

    • the frequency of maintenance; the annual supply of scented oil is left with you once a year during the annual maintenance. If the number of scented bottles is exceeded, the extra bottles will be charged at the sales price applicable at that time.
    • contract duration: the rental agreement is concluded for a minimum duration of 3 years, with a notice period of 3 months, starting on the first day of the following month.

13. Specific for Maintenance formula.

Special conditions in case of maintenance (Maintenance formula) with a fragrance device (diffuser) purchased by the customer.

The maintenance agreement is concluded for a fixed period of at least 2 years as standard. After that period, the customer can cancel the agreement at any time by giving notice by e-mail, subject to a notice period of 3 months starting on the 1st of the month following the notice.

Scents is entitled to terminate the agreement after 2 years, subject to a notice period of 6 months before the end of the period. Scents is also entitled to terminate the agreement unilaterally and without prior judicial intervention in case of non-payment of an invoice.

The monthly fixed amount includes the installation, programming and maintenance of the purchased fragrance device and excludes the cost of fragrance consumption. The fragrance consumption, as refilled per maintenance visit by Scents, is charged separately on the quarterly invoice. The rate for fragrance consumption is in accordance with the sales price of the fragrance bottles that Scents uses at that time. Billing is done quarterly, each time at the end of the quarter.

Scents guarantees the proper functioning of the fragrance device and the presence of sufficient fragrance bottles or filling thereof depending on the programmed consumption. Scents guarantees the replacement of a defective device within 3 working days after notification of the defect.

The customer is responsible for the security and preservation of the material made available by us for the entire duration of the agreement between the parties.

The current general terms and conditions remain fully applicable for the rest.

14. Contractual pledge.

The customer acknowledges that our claims arising from the contractual relationship with the customer are fully guaranteed by a general pledge on all of its existing and future claims with regard to third parties, regardless of their nature.

15. Liability.

We are only liable for damage caused by non-compliance with our obligations, wilful gross negligence or fraud. Our liability is in any case limited to the coverage of our insurance. If this does not cover the damage, it is, both contractually and non-contractually, limited to the principal sum and costs incl. VAT paid by you for the delivered or performed work in which liability is retained.

Damage, complaints and liability files do not release you from your payment obligation.

If you are aware of any situation that could lead to a claim or request against Scents, you must report this to us immediately.

16. Complaints & disputes.

Any complaints must be formulated in writing within 5 days at the latest, whereby you allow us a reasonable period to propose appropriate remedial or compensatory measures. We will confirm receipt of your complaint within 30 days and will then handle it as quickly as possible and to the best of our ability.

You may also transfer complaints to an independent mediator such as the consumer ombudsman or Belmed. Please note: this may involve costs.

17. Privacy policy.

We collect and process personal data for the purpose of executing the agreement, processing orders, delivering goods, handling complaints, invoice collection, informative communication, customer management, accounting and direct marketing. The legal grounds are execution of the agreement, fulfilling legal and regulatory obligations and/or legitimate interest.

We respect Belgian law and GDPR for the processing of personal data. We always treat received data confidentially and do not pass it on to third parties without your explicit consent.

You have the right to view personal data stored by us; to correct it and to refuse its use for direct marketing purposes by means of a written and motivated request.

18. Jurisdiction and applicable law.

All our agreements are governed exclusively by Belgian law. The parties expressly agree to exclude the provisions of the Vienna Sales Convention between them.

All disputes arising from the agreement shall fall under the exclusive jurisdiction of the courts of the judicial district of Antwerp, Antwerp division, unless other consumer rights apply.

Return 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.

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: