Terms & Conditions
Terms and Conditions (“Terms”) 

Last updated: 01/01/2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the  www.alluringfragrance.com Website and the website found on My Mobile App or mobile application (the “Service”) operated by www.alluringfragrance.com (“us”, “we”, or “our”). 

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. Purchases

 If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your full name. date of birth. complete address (we do not allow any P.O. Boxes within the address section), correct email address, and your working phone number.

For the full disclosure section, create your own Terms and Conditions.
Content Within Our Service Disclosure Section: allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”) with our, www.alluringfragrance.com written permission. You are completely responsible for the … The Content section is for businesses that allow users to create, edit, share, make content on their websites or apps. For the full disclosure section, create your own Terms and Conditions.

1. Interpretation

In these Terms & Conditions, the following words shall have the following meanings:

1.1 – The definitions and rules of interpretation in this condition apply in these conditions.
Buyer: the person, firm or company who purchase or order Good from the Company.

Company: AlluringFragrance found at/on the website: www.alluringfragrance.com on the world wide web and also found working on mobile devise/s under the same above dot com name.
Contract: any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these conditions.
Delivery Point: the place where delivery of the Goods is to take place under condition 4.
Goods: any goods agreed in the Contract to be supplied to the Buyer by the Company (including any part or parts of them).

1.2 – A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.

1.3 – Words in the singular include the plural and in the plural include the singular. A reference to one gender includes a reference to the other gender. Condition headings do not affect the interpretation of these conditions.

2. Application of Terms

2.1 – Subject to any variation under condition 2.3 the Contract shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which the Buyer purports to apply under any purchase order, confirmation of order, specification or other document).

2.2 – No terms or conditions endorsed on, delivered with or contained in the Buyer’s purchase order, confirmation of order, specification or other document shall form part of the Contract simply as a result of such document being referred to in the Contract.

2.3 – These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a Director of the Company. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company’s liability for fraudulent misrepresentation.

2.4 – Each order or acceptance of a quotation for Goods by the Buyer from the Company shall be deemed to be an offer by the Buyer to buy Goods subject to these conditions. The Buyer shall ensure that the terms of its order and any applicable specification are complete and accurate.

2.5 – No order placed by the Buyer shall be deemed to be accepted by the Company until acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Buyer.

2.6 – Any quotation is given on the basis that no Contract shall come into existence until the Company dispatches an acknowledgement of order to the Buyer. Any quotation is valid for a period of 14 days only from its date, provided that the Company has not previously withdrawn it.

3. Description

3.1 – The quantity and description of the Goods shall be as confirmed by the Company (usually in its quotation or acknowledgement of order).

3.2 – All samples, drawings, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogs or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract and this is not a sale by sample.

4. Delivery

4.1 – Unless otherwise agreed in writing by the Company, delivery of the Goods shall take place at the Company’s place of business [Ex Works].

4.2 – The Buyer shall take delivery of the Goods within 5 working days of the Company giving it notice that the Goods are ready for delivery.

4.3 – Any dates specified by the Company for delivery of the Goods are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.

4.4 – Subject to the other provisions of these conditions the Company shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Goods (even if caused by the Company’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds 90 days.

4.5 – If for any reason the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Company is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licences or authorizations:
 (a) risk in the Goods shall pass to the Buyer (including for loss or damage caused by the Company’s negligence);

 (b) the Goods shall be deemed to have been delivered; and

 (c) the Company may store the Goods until delivery, the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). The Company reserve the right to issue a notice of intended termination of contract and pursue its costs, loss of overheads and profit where Goods ready for delivery are not collected or delivery arranged by the Buyer within 30 days of the Buyer being notified Goods available for delivery. Where payment in advance has been made in whole or in part the Company reserve the right to sell the Goods at the best price readily obtainable and deduct costs, loss of overheads and profit.

4.6 – The Buyer shall provide at the Delivery Point and at its expense adequate and appropriate equipment and manual labor for loading the Goods.

 4.7 – If the Company delivers to the Buyer a quantity of Goods of up to 25% more or less than the quantity accepted by the Company, the Buyer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for such goods at the pro rata Contract rate.

4.8 – The Company may deliver the Goods by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract.

4.9 – Each instalment shall be a separate Contract and no cancellation or termination of any one Contract relating to an instalment shall entitle the Buyer to repudiate or cancel any other Contract or instalment.

5. Non-Delivery

5.1 – The quantity of any consignment of Goods as recorded by the Company on the despatch note from the Company’s place of business shall be conclusive evidence of the quantity received by the Buyer on delivery unless the Buyer can provide conclusive evidence proving the contrary.

5.2 – The Company shall not be liable for any non-delivery of Goods (even if caused by the Company’s negligence) unless the Buyer gives written notice to the Company of the non-delivery within 3 days of the date when the Goods would in the ordinary course of events have been received.

5.3 – Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.

6. Risk / Title

6.1 – The Goods are at the risk of the Buyer from the time of delivery. Ownership of the Goods shall not pass to the Buyer until the Company has received in full (in cash or cleared funds) all sums due to it in respect of the Goods and all other sums which are or which become due to the Company from the Buyer on any account.

6.2 – Until ownership of the Goods has passed to the Buyer, the Buyer shall:

 (a) hold the Goods on a fiduciary basis as the Company’s bailee;

 (b) store the Goods (at no cost to the Company) separately from all other goods of the Buyer or any third party in such a way that they remain readily identifiable as the Company’s property;

 (c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

 (d) maintain the Goods in satisfactory condition and keep them insured on the Company’s behalf for their full price against all risks to the reasonable satisfaction of the Company. On request the Buyer shall produce the policy of insurance to the Company.

6.3 – The Buyer may resell the Goods before ownership has passed to it solely on the basis that any sale shall be affected in the ordinary course of the Buyer’s business at full market value and be a sale of the Company’s property on the Buyer’s own behalf and the Buyer shall deal as principal when making such a sale. The Buyer shall keep the entire proceeds of sale of the Goods separate from any monies of the Buyer and any third party. The Buyer shall maintain and disclose to the Company upon request records of sale of Goods including details of purchasers and payments received.

6.4 – The Buyer’s right to possession of the Goods shall terminate immediately if:

 (a) the Buyer has a bankruptcy order made against him or makes an arrangement or composition with his creditors, or otherwise takes the benefit of any statutory provision for the time being in force for the relief of insolvent debtors, or (being a body corporate) convenes a meeting of creditors (whether formal or informal), or enters into liquidation (whether voluntary or compulsory) except a solvent voluntary liquidation for the purpose only of reconstruction or amalgamation, or has a receiver and/or manager, administrator or administrative receiver appointed of its undertaking or any part thereof, or documents are filed with the court for the appointment of an administrator of the Buyer or notice of intention to appoint an administrator is given by the Buyer or its directors or by a qualifying floating charge holder (as defined in paragraph 14 of Schedule B1 to the Insolvency Act 1986), or a resolution is passed or a petition presented to any court for the winding-up of the Buyer or for the granting of an administration order in respect of the Buyer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Buyer; or

 (b) the Buyer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between the Company and the Buyer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Buyer ceases to trade; or

 (c) the Buyer encumbers or in any way charges any of the Goods.

6.5 – The Company shall be entitled to recover payment for the Goods notwithstanding that ownership of any of the Goods has not passed from the Company.

6.6 – The Buyer grants the Company, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Buyer’s right to possession has terminated, to recover them. Where the Company is unable to determine whether any Goods are the goods in respect of which the Buyer’s right to possession has terminated, the Buyer shall be deemed to have sold all goods of the kind sold by the Company to the Buyer in the order in which they were invoiced to the Buyer.

6.7 – On termination of the Contract, howsoever caused, the Company’s (but not the Buyer’s) rights contained in this condition 6 shall remain in effect.

7. Price

7.1 – Unless otherwise agreed by the Company in writing, the price for the Goods shall be the price set out in the Company’s acknowledgement of order, or failing acknowledgement of order as set out in the Company’s quotation or if no quotation provided the Company’s standard price list published on the date of delivery or deemed delivery.

7.2 – The price for the Goods shall be exclusive of any value added tax and all costs or charges in relation to packaging, loading, unloading, carriage and insurance, all of which amounts the Buyer shall pay in addition when it is due to pay for the Goods. The Company may arrange delivery to an address designated by the Buyer upon request.

8. Payment

8.1 – Unless otherwise agreed in writing by a director of the Company subject to condition 8.2, payment of the price for the Goods is due in United States Dollars due upon order or upon account terms which the Company may offer in writing (the Company reserves the right to withdraw account terms at anytime).

8.2 – Time for payment shall be of the essence. No payment shall be deemed to have been received until the Company has received cleared funds. All payments payable to the Company under the Contract shall become due immediately on its termination despite any other provision.

8.3 – The Buyer shall make all payments due under the Contract in full without any deduction whether by way of set-off, counterclaim, discount, abatement or otherwise unless the Buyer has a valid court order requiring an amount equal to such deduction to be paid by the Company to the Buyer.

8.4 – If the Buyer fails to pay the Company any sum due pursuant to the Contract, the Buyer shall be liable to pay interest and charges to the Company on such sum from the due date for payment at the prevailing rate under the Late Payment of Commercial Debts (Interest) Act 1998.

9. Quality

9.1 –

9.2 – The Company warrants that (subject to the other provisions of these conditions) on delivery, the Goods shall be of satisfactory quality within the meaning of the Sale of Goods Act 1979;

9.3 – The Company shall not be liable for a breach of the warranty in condition 9.2 unless:
 (a) the Buyer gives written notice of the defect to the Company, within 5 days of the time when the Buyer discovers or ought to have discovered the defect (in the absence of conclusive evidence to the contrary a signed delivery note shall be conclusive of condition); and

 (b) the Buyer complies with the Company’s reasonable returns policy in force from time to time and available upon request; and

 (c) the Company is given a reasonable opportunity after receiving the notice of examining such Goods and the Buyer (if asked to do so by the Company) returns such Goods to the Company’s place of business for the examination to take place there. The Company reserves the right to charge the Buyer a re-stocking charge in addition to the initial price of the Goods supplied if Goods are found not to be defective or defective for reasons outside of the Companies warranty in condition 9.2.

9.4 – The Company shall not be liable for a breach of the warranty in condition 9.2 if:

 (a) the Buyer makes any further use of such Goods after giving such notice; or

 (b) the defect arises because the Buyer failed to follow the Company’s oral or written instructions as to the storage, use or maintenance of the Goods or (if there are none) good trade practice; or

 (c) the Buyer alters or repairs such Goods without the written consent of the Company.

9.5 – Subject to condition 9.3 and condition 9.4, if any of the Goods do not conform with the warranty in condition 9.2 the Company shall at its option replace such Goods (or the defective part) or refund the price of such Goods at the pro rata Contract rate provided that, if the Company so requests, the Buyer shall, at the Company’s expense, return the Goods or the part of such Goods which is defective to the Company. If the Company complies with this condition 9.5 it shall have no further liability for a breach of the warranty in condition 9.2 in respect of such Goods.

9.6 – Any Goods replaced shall belong to the Company and any repaired or replacement Goods shall be provided with the benefit of the warranty in condition 9.2.

10. Limitation of Liability

10.1 – Subject to condition 4, condition 5 and condition 9, the following provisions set out the entire financial liability of the Company (including any liability for the acts or omissions of its employees, agents and sub-contractors) to the Buyer in respect of:

 (a) any breach of these conditions;

 (b) any use made or resale by the Buyer of any of the Goods, or of any product incorporating any of the Goods; and

 (c) any representation, statement or act of tort or omission including negligence arising under or in connection with the Contract.

10.2 – All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.

10.3 – Nothing in these conditions excludes or limits the liability of the Company:

 (a) for death or personal injury caused by the Company’s negligence; or

 (b) under section 2(3), the United States Consumer Protection Act; or

 (c) for fraud or fraudulent misrepresentation.

10.4 – Subject to condition 10.2 and condition 10.3:

 (a) the Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract shall be limited to the maximum sum of Ten Thousand United States Dollars or the Contract price whichever is the lesser; and

 (b) the Company shall not be liable to the Buyer for loss of profit, loss of business, or depletion of goodwill in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Contract.

11. Assignment

11.1 – The Company may assign the Contract or any part of it to any person, firm or company.

11.2 – The Buyer shall not be entitled to assign the Contract or any part of it without the prior written consent of www.alluringfragrance.com (The Company).

12. Force Majeure

12.1 – The Company reserves the right to defer the date of delivery or to cancel the Contract or reduce the volume of the Goods ordered by the Buyer (without liability to the Buyer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Company including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 120 days, the Buyer shall be entitled to give notice in writing to the Company to terminate the Contract.

13. General

13.1 – Each right or remedy of the Company under the Contract is without prejudice to any other right or remedy of the Company whether under the Contract or not.

13.2 – If any provision of the Contract is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of the Contract and the remainder of such provision shall continue in full force and effect.

13.3 – Failure or delay by the Company in enforcing or partially enforcing any provision of the Contract shall not be construed as a waiver of any of its rights under the Contract.

13.4 – Any waiver by the Company of any breach of, or any default under, any provision of the Contract by the Buyer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the Contract.

13.5 – The parties to the Contract do not intend that any term of the Contract shall be enforceable by virtue of any third party Contracts  Act in the United States and/or by any person that is not a party to it.

13.6 – The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by United States law and the parties submit to the exclusive jurisdiction of the United States courts.

14. Communications

14.1 – All communications between the parties about the Contract shall be in writing and delivered by hand or sent by pre-paid first class mail and followed/sent by fax:
 (a) (in case of communications to the Company) to its registered office or such changed address as shall be notified to the Buyer by the Company; or
 (b) (in the case of the communications to the Buyer) to the registered office of the addressee (if it is a company) or (in any other case) to any address of the Buyer set out in any document which forms part of the Contract or such other address as shall be notified to the Company by the Buyer.

14.2 – Communications shall be deemed to have been received if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or if delivered by hand, on the day of delivery; or if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.