SWY reserves the right to make changes to this site and to these terms from time to time. When we make changes, we will publish them here.
INTRODUCTION
Welcome to scentwithyou.com. Please review the following Terms & Conditions of use, which govern your use of this website and all other sites, services, and tools where these Terms & Conditions appear or are linked (collectively, the “Site”). As used in these Terms & Conditions, “SWY,” “us,” or “we” refers to SWY Incorporate Limited and its affiliates.
Use of the Site constitutes your agreement to follow and be bound by these Terms & Conditions. We reserve the right to change these Terms & Conditions from time to time without prior notice. When we make changes, we will publish them here. For this reason, we encourage you to review these Terms & Conditions periodically when you use the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site.
SERVICE AVAILABILITY
The Site is intended only for consumers resident in Hong Kong. Online purchases made from the Site may only be made by residents of Hong Kong for delivery in Hong Kong.
INTELLECTUAL PROPERTY RIGHTS
The Site, all content on the Site (including names, logos, images, illustrations, designs, icons, photographs, written materials, and video and audio clips), and all intellectual property rights in such content (collectively, the “Contents”) are owned, controlled, or licensed by SWY. All intellectual property rights in the Contents are expressly reserved.
You may download or copy the Contents of this Site for your personal use only and only to the extent you do not modify or alter the Contents, delete or change any copyright or trademark notice, or violate these Terms & Conditions. No right, title, or interest in any Contents is transferred to you as a result of any such downloading or copying. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Contents for any commercial purpose, whether on behalf of yourself or on behalf of any third party, is prohibited.
USER COMMUNICATIONS
SWY welcomes your comments, ideas, suggestions, and other content submitted through or to the Site, and through social media applications, e-mail, telephone, or mail (“User Content”) as long as the User Content complies with these Terms & Conditions.
You agree that SWY is under no obligation to treat any User Content as confidential or proprietary or to pay for or respond to any User Content. For any User Content you submit, you grant to SWY a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content, and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. You also grant to SWY the right (but not the obligation) to use the name that you submit in connection with any User Content. For these reasons, do not send us any User Content if you do not wish to license it to us or do not want us to use your name. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section.
You agree that any User Content you submit will be accurate, will not violate any law, will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights, and will not cause injury to any person or entity. You further agree not to submit any User Content that contains or provides links to material that is obscene, profane, lewd, violent, or threatening or that contains viruses, malware, political campaigning, commercial solicitation, or any form of "spam". You agree not to use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead SWY or third parties as to the origin of any User Content. You are solely responsible for the User Content you submit and agree to indemnify us for all claims resulting from any User Content submitted by you.
You acknowledge and agree that we reserve the right (but have no obligation) in our sole discretion to monitor, edit, and remove User Content. SWY assumes no liability for any User Content submitted by you or any third party.
LINKS TO OTHER WEBSITES
Links may be established from the Site to external websites operated by third parties. Your use of these third party websites is at your own risk. SWY makes no warranties or representations about any third party websites and is not responsible or liable for such websites, their content, products, privacy settings, terms, or other materials on or available from them. It is your responsibility to review and understand the terms, policies, settings, and functions of any third party website.
PRODUCT AVAILABILITY
The display of an item on the Site is not a guarantee that the item is in stock or that it will be available when you visit the Site at a later date. If you have questions about the availability of a particular item, call or email us. Our Customer Care Team will make every effort to assist you.
ACCURACY OF SITE INFORMATION
Occasionally there may be information on our Site 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 Site is inaccurate at any time without prior notice (including after you have submitted your order). If you find an error, inaccuracy, or omission relating to a product you purchased your sole remedy is to return it in unused condition.
PRODUCT APPEARANCE
The exact appearance of each product on the Site will depend upon the quality of your monitor. For this reason, we cannot guarantee that your monitor’s display of our products and packaging will be accurate.
PRODUCTS AND SERVICES FOR PERSONAL USE
The products and services available on the Site, as well as complimentary samples we may provide to you, are for personal use only. We do not offer merchandise for resale. We reserve the right to refuse or limit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors, or otherwise violate these Terms & Conditions. If we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail, mailing address or telephone number provided at the time the order was made.
ACCEPTANCE OF ORDERS
When you submit an order and provide your payment and delivery information through the Site it constitutes an offer from you to purchase. We will send you an email acknowledging that your order has been received, but this does not mean your order has been accepted. All orders are subject to acceptance by us and we will confirm such acceptance by sending you an email to confirm that the product you ordered has been shipped to you. The contract between you and us will only be formed when we send you that shipping confirmation and it will only relate to those products that we confirm have shipped. No shipment will be made until payment has been made in full and your details have been verified by any third party payment facilitators.
PRIVACY; SECURITY
Your submission of personal information to or through the Site is also governed by the Privacy Policy. These Terms & Conditions incorporate by reference the terms and conditions of the Privacy Policy.
We take reasonable steps to protect your personal information from unauthorized access, use, or disclosure, but you accept that no Internet data transmission can be guaranteed to be secure from access by unintended recipients and you agree that you will not hold us responsible for any breach of security unless such breach is the result of gross negligence.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE SITE AND ANY CONTENT AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. SWY MAKES NO REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, AND MATERIALS, INCLUDED ON THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SWY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK.
SWY SHALL NOT BE LIABLE FOR ANY DAMAGES, COSTS, OR EXPENSES, INCLUDING GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, RELATED TO USE OF THE SITE REGARDLESS OF THE FORM OF ACTION EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ANY CAUSE OF ACTION AGAINST US ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION WILL BE PERMANENTLY BARRED. THIS DOES NOT AFFECT OUR LIABILITY FOR DAMAGES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY OR DEATH AS A RESULTOF NEGLIGENCE OR FRAUD.
INDEMNIFICATION
You agree to defend and indemnify SWY from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site, including any User Content submitted by you, and any breach by you of these Terms & Conditions.
APPLICABLE LAW; DISPUTE RESOLUTION
These Terms & Conditions and all claims that may be based upon, arise out of, or relate to a visit to the Site are governed by the laws of Hong Kong Special Administrative Region, without regard to any conflict of law provision.
You irrevocably consent to the jurisdiction of the courts located in Hong Kong for the resolution of any dispute that may be based upon, arising out of or relate to these Terms & Conditions or the Site. You hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Connecticut.
PREVAILING LANGUAGE
The English version of these Terms & Conditions will prevail if there is a conflict between the English version and any translated version of these Terms & Conditions.
TERMINATION
These Terms & Conditions are effective unless and until terminated by either you or SWY. You may terminate these Terms & Conditions at any time provided you cease further use of the Site. We also may terminate these Terms & Conditions at any time without notice and, accordingly, may deny you access to the Site if, in our sole judgment, you fail to comply with any provision of these Terms & Conditions. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms & Conditions for all purposes.
