Terms And Service
1. Introductory provisions
These terms and conditions (hereinafter referred to as “Terms”) are the Terms that apply when you access our website www.parfumby.com (hereinafter referred to as “Website”), or place an order to purchase any of the products made available to you on our website www.parfumby.com .
When accessing the website and placing orders, you agree to be bound by these Terms.
We recommend that you keep a copy of these Terms for future reference.
2. Change of the Terms and Conditions
We reserve the right to change or modify these Terms for legal, regulatory or security reasons at any time. Whilst we will flag changes on the Website and/or send emails in relation to major changes, it is your responsibility to check the Terms for changes. If you do not agree to any of the Terms then you can simply stop using the Website at any time. If you have any questions, concerns, or comments about our Terms please email us using the contact us page.
3. Website Content
All rights, titles, interests, and content displayed on the Website (“Content”) is owned or controlled by Parfumby, affiliates, and licensors, and is protected by EU and international copyright, trademark, patent, or other intellectual property laws. Parfumby owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the content on the Website. Notwithstanding the above, Parfumby. is not responsible or liable for any material on the Website related to Parfumby.
4. Use of the Website
Subject to your compliance with these Terms, we grant you permission to download, display, view, use, and/or print sections of the Website for your personal, non-commercial use only. Any other use is strictly prohibited without prior approval of Parfumby.
5. User Restrictions
You are prohibited from posting or transmitting any material to or from the Website that is:
• (a) Threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience • (b) For which you have not obtained all necessary licenses and/or approvals; • (c) Which constitutes or encourages conduct that would be considered a criminal offense, gives rise to civil liability, or otherwise be contrary to the law, or infringe the rights of any third party, in any country in the world; or • (d) Which is technically harmful, including, without limitation to, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data.
6. Product and Pricing information
Price and availability information is subject to change at any time, without notice and at our sole discretion. We make no representations or warranties about the accuracy or completeness of the information on the Website. There may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Website is inaccurate. We have made every effort to display product colors as accurately as possible, however, we cannot guarantee the display of any such color on your particular computer monitor or device will be accurate. You are responsible for payments due for any products ordered on the Website. If we do not receive payment from your credit issuer or its agents, you agree to submit the payment to us in full. You shall be responsible for any costs of collection for overdue payments. Your purchases may be subject to governmental taxes.
7. Payment methods
• Debit and Credit cards – After you create an order, you are redirected to a secure payment bank gateway, where you will enter the necessary payment data. This method of payment of the purchase price is considered an advance payment. We would also like to inform you that our employees do not have access to the data of your card. All is exclusively in the hands of the bank.
• PayPal – after you create an order, you are redirected to a secure PayPal gateway, where you log in to your PayPal account to complete the purchase. We would like to inform you that Parfumby does not have access to your PayPal account, or any other information related to your PayPal account.
In order to protect you and Parfumby from fraud, we only ship items to confirmed PayPal addresses linked with your PayPal account. If you are not sure if your address is confirmed, please visit the PayPal link provided and follow the steps to verify your address is confirmed.
8. Shipment and delivery
Parfumby B.V. is responsible for the financial settlement for Parfumby. The distribution of the goods will take place from the distribution center of Parfumby B.V. in Etten Leur. For questions about the payment you can contact by phone. Parfumby B.V. , registered under Chamber of Commerce number: ### Number: ### Address: ### Telephone number: ###, available on Monday through Friday between 9 am and 5 pm by phone.
Returns of articles can go to the following address:
Parfumby- RETURN DEPT.
We are doing our best to ship each delivery as soon as possible. For delivery times, please allow approximately 2-5 business days after shipment. Please also allow an extra working day for delivery to UK offshore and Scottish Highlands destinations. You can receive more detailed information on the tracking page of the delivery service. The inventory status may change before we can ship your order. For your consideration, if we are no longer able to ship the product you ordered, we will contact you by phone or email. From time to time there might be such a situation like natural disasters and calamities which can affect the delivery process. We will contact you if your order is delayed due to natural disasters or calamities.
9. Sales tax
We are charging sales tax for merchandise ordered on this Website based on Dutch sales tax rate.
10. Cancellation and Seller´s liability for defects
10.1. Contract cancellation
The consumer is entitled to cancel the contract for convenience within 14 days of the receipt of the goods (or, in the case of a purchase contract for several types of goods or partial deliveries, within 14 days of the receipt of the last delivery; or, in the case of a purchase contract for regular deliveries, within 14 days of the receipt of the first delivery).
With respect to the right to cancel the contract, the consumer must inform the seller about their decision to do so, i.e. Parfumby having its registered seat at ; Mon Plaisir 15A, 4879 AK Etten-Leur, Netherlands company registration number ###; through our Customer service line: +###, or via e-mail using the contact us page as a unilateral legal act (e.g. in a letter sent via a provider of postal services, fax or e-mail). The consumer may, but is not obliged to, use the contract cancelation template attached. The consumer may visit this website and download and fill out the contract cancelation form. In order to meet the deadline for the cancelation of the contract, the written cancelation notice can be sent prior to the expiry of the period. If the consumer cancels the contract directly via the website, the seller will inform the consumer of receiving the cancellation form without delay. The consumer is not entitled to cancel the contract for convenience in the event of partial consumption of the goods. If the returned goods are incomplete, damaged or visibly used, the seller may claim damages. Should the consumer cancel the purchase contract, the seller shall refund the price paid without an undue delay, but in any event within 14 days of the day of receipt of the contract cancelation notice, along with all delivery charges (with the exception of additional costs incurred due to the selection of a delivery method which is different from the cheapest standard delivery method offered by the seller). The seller shall make the refund using the same payment method that the purchaser used for the initial transactions, unless explicitly stated otherwise by the consumer. The consumer shall in no event incur any other costs. The seller shall make the refund once the seller has received the returned goods or once the consumer has proved to have sent the goods back, whichever is earlier. The consumer must return the goods without an undue delay, but in any event within 14 days of the date of contract cancelation. The consumer shall bear any direct costs of the return of the goods. The aforementioned deadline is thought to be complied with as long as the consumer sends the goods back to the seller prior to the expiry of the 14-day period. The consumer shall be responsible for the reduction in the value of the goods caused by the handling of the goods in a manner which exceeds the acceptable familiarization with the nature and properties of the goods, including their function. Non-refundable items due to health and hygiene purposes – skin care products, body care products, makeup, lipsticks, shampoos, makeup brushes, toothbrushes, shavers, epilators and other cosmetics. We do not allow exchanges or refunds for any products which you have an allergic reaction to. If you do experience an allergic reaction cease use. Parfumby is not responsible for any individual reaction to any particular ingredient. It is the customers responsibility to know which products or ingredients he or she is allergic to. We cannot verify evidence of an adverse reaction with an online customer due to their inability to present in person. If you wish to return damaged or faulty items we will arrange a collection by a courier. Please note that the collection may be scheduled only once. In case of unsuccessful collection the return postage is paid by the customer. You have to take reasonable care of the product prior to return – specifically, the products must not have been damaged.
For product return, please use address below:
Parfumby– Returns Department
10.2. Seller´s liability for defects
The seller guarantees to the purchaser who is the consumer that the goods, upon takeover, are free from defects. The seller in particular guarantees to the purchaser that, upon takeover, the goods are free from defects. In type, quantity, quality, other characteristics and packaging, shall correspond to what can be deemed to have been agreed.
Except where something else can be deemed to have been agreed, the goods shall:
1. be fit for the purpose for which such goods are ordinarily used;
2. conform to the particular purpose for which the goods were intended, if the seller must have known of this purpose at the conclusion of the sale and if the seller had not before the conclusion of the sale informed the buyer that the goods possibly do not conform to the intended purpose;
3. conform to what has been represented by the seller and possess the characteristics which the seller has implied by way of a sample or model;
4. be packaged in a manner that is usual or otherwise appropriate, if packaging is necessary to preserve or protect the goods; as well as to durability and otherwise, correspond to what a consumer ordinarily may expect in the purchase of such goods.
5. in their characteristics conform to the requirements set by law, decree or official decision, unless the buyer intended to use the goods for a purpose where the said requirement is of no significance.
If the goods do not conform to the paragraphs 1-5 they are defective. However, the buyer shall not invoke as a defect any circumstances that the buyer must have known of at the conclusion of the sale. In addition, the buyer shall not invoke as a defect any circumstances arising from the materials that the buyer has supplied for the manufacture of the goods, except if there has been negligence on the part of the seller.
The purchaser is entitled to lodge a complaint regarding these defects within 24 months of takeover of the goods.
The purchaser is entitled to lodge a complaint regarding these defects within a reasonable time after he/she discovered or ought to have discovered the defect. However, the notice of defect may always be given within two months of the buyer’s discovery of the defect.
Should a defect become apparent within six months of takeover, it is assumed that the defect existed at the time of takeover.
The buyer has the right to require that the seller rectify the defect or deliver non- defective goods. Such rectification shall be performed within a reasonable time and so that the buyer does not thereby incur costs or significant inconvenience. However, the seller shall not be liable to rectify the defect if there is an unavoidable barrier to the same or if this would cause unreasonable costs. In this context, special attention shall be paid to the significance of the defect and the value of the goods, had these conformed to the contract, and to the issue whether the rectification can be performed in some other manner without causing significant inconvenience to the buyer. Even if the buyer does not require that the defect be rectified or that non-defective goods be delivered, the seller shall, at its own expense, have the right to perform such rectification if it offers to do so without delay after the buyer has notified it of the defect. The buyer shall have the right to refuse rectification of the defect if that would cause him/her essential inconvenience, a decrease in the value of the goods or a danger that the costs incurred by the buyer not be compensated, or if he/she has another special reason for refusal.
If the rectification of the defect or the delivery of non-defective goods is out of the question. the buyer shall have the right to:
1. demand a price reduction proportionate to the defect; or
2. cancel the contract, except if the defect is of minor significance.
If it is evident that the goods do not show the properties and quality agreed upon between the parties, the seller shall bear the costs of transportation of the defective goods to the seller, and back to the customer.
The rights arising from product defects can be asserted at the following addresses of the seller:
For sending the goods:
Purchaser’s rights in case of another kind of faulty performance than a defect, are governed by the Consumer Protection Act.
11. Vouchers and Discount codes
We would like to inform you it may show a discount code box situated at the bottom of the Website homepage. If you fill the box with your email address, you automatically get your own discount code. While placing your order, you will find the box where you can enter your Gift voucher or discount code. You must take care when entering codes as they are case and space sensitive. You may only redeem one code at a time so we advise you to choose the promotion best suited to your purchase. Discount codes cannot be used in conjunction with any other offer. Discount codes exclude some brands and exclusions may be amended from time to time at our sole discretion. If you have any questions about the discount codes, please feel free to contact us.
12. Personal account
We are happy to make it easier for you to order products using our Website, so we offer you the opportunity to register for a personal account. If you take advantage of this opportunity, any personal data that you provide us with during the registration process will be stored in our database and will not need to be re-entered with each new order – it will be entered into the order form automatically.
You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under them. We do not have the means to check the identities of people using the Website and will not be responsible for losses when your password or user name is used by someone else unless this is due to our negligence. You agree to notify us immediately by email using the contact us page if you become aware or suspect of any unauthorized use of your password or username.
Upon shipment, the customer receives a confirmation email with an e-invoice which can be downloaded at any time. The e-invoice is also accessible from the customer’s account, or it can be obtained per request using the contact us page.
14. Electronic Record of Sales
In accordance with the Registration of Sales Act, the seller is obliged to issue a receipt for the buyer. The seller also must immediately register the sale online with the tax administrator. In case of technical difficulties, the registration needs to be done within 48 hours at the latest.
15. We appreciate your feedback
We are striving to continuously improve the quality of service we provide to our customers. Your satisfaction is our top priority. To provide excellent service, we would appreciate your comments and suggestions. Please feel free to contact our customer line on phone No. +31 (0) 686 0606 69, or email us using the contact us page.
16. Final provisions
If any of these Terms are found to be invalid by any court or regulator, the other Terms shall continue to apply.