Terms of Service
These Terms of Service ("Terms") apply to your use of the WHATS THE FRAGRANCE website and to purchases made through it.
The website is operated by WHATS THE FRAGRANCE LTD, a company registered in England and Wales under company number 16436643 ("WHATS THE FRAGRANCE", "we", "us" or "our").
By using our website or placing an order, you agree to these Terms. Please read them carefully before making a purchase.
Nothing in these Terms affects your statutory rights as a consumer.
1. ABOUT US
WHATS THE FRAGRANCE LTD sells fragrances and related products through our online store.
Our online store is hosted on Shopify, which provides the ecommerce platform that enables us to sell our products to you.
Our website is intended primarily for consumers purchasing products for personal use.
2. OTHER POLICIES
These Terms should be read alongside the other policies available on our website, including our Privacy Policy, Shipping Policy and Refund & Returns Policy.
Where appropriate, those policies form part of the terms applying to your use of our website and purchases from us.
3. USING OUR WEBSITE
You must not use our website for any unlawful or unauthorised purpose.
You must not attempt to interfere with the security or operation of our website, introduce viruses or malicious code, gain unauthorised access to our systems, collect information unlawfully, or use our website in a way that infringes our rights or the rights of another person.
We may restrict access to our website where reasonably necessary to protect our customers, business or systems.
4. OUR PRODUCTS
We take reasonable care to ensure that product descriptions, fragrance information, photographs, sizes and other information displayed on our website are accurate.
Images and descriptions are provided to give you a reasonable representation of our products. Products may vary slightly from photographs due to screen settings, photography, production variations or packaging updates.
We may update our packaging from time to time and may make minor product changes where necessary to comply with legal or regulatory requirements. We may also change or discontinue products at any time.
5. INSPIRED FRAGRANCES
Certain WHATS THE FRAGRANCE products are inspired by the scent profiles or characteristics of well-known fragrances.
Any reference to another fragrance, designer, brand or trademark is used solely to help customers identify and understand the style, character or scent profile of our product.
Products sold by WHATS THE FRAGRANCE are our own products, supplied using our own branding and packaging.
WHATS THE FRAGRANCE LTD is not affiliated with, endorsed by, sponsored by, licensed by or connected with any designer, manufacturer or trademark owner referenced on our website unless expressly stated otherwise.
All third-party trademarks and brand names remain the property of their respective owners.
6. FRAGRANCE PERFORMANCE
Fragrance is subjective and may smell or perform differently from person to person. Factors including skin type, body temperature, environment, application method and storage can affect the way a fragrance develops and performs.
Descriptions of fragrance notes, character, projection or longevity are therefore provided as guidance and are not guarantees that every customer will experience a fragrance in exactly the same way.
7. PLACING AN ORDER
When you place an order through our website, you are making an offer to purchase the products included in that order.
You should receive an order confirmation acknowledging that we have received your order. An order confirmation does not mean that we have accepted your order.
Unless we tell you otherwise, your order is accepted when we send confirmation that it has been dispatched. At that point, a contract is formed between you and WHATS THE FRAGRANCE LTD.
8. ACCEPTING, REFUSING OR CANCELLING ORDERS
We may refuse, restrict or cancel an order where reasonably necessary, including where a product is unavailable; payment cannot be authorised; incorrect or incomplete information has been provided; there is an obvious pricing or product-description error; we reasonably suspect fraud; a discount or promotional code has been misused; or an order appears to have been placed for unauthorised commercial resale or distribution.
We may reasonably restrict quantities purchased by the same person, household, account, payment method, billing address or delivery address.
If we cancel an order after payment has been taken, the appropriate amount will be refunded to your original payment method.
9. PRICES
Prices are displayed in pounds sterling (£). Any applicable delivery charges will be shown during checkout before you complete your purchase.
We may change our prices from time to time. Price changes will not normally affect an order that we have already accepted.
If we discover an obvious pricing error before dispatch, we may contact you and give you the option of purchasing the product at the correct price or cancelling the affected item.
10. PAYMENT
We accept major credit and debit cards and other payment methods displayed as available at checkout. Available payment methods may vary depending on your device, location and the payment services enabled on our website.
Payment must be successfully authorised before we dispatch your order.
11. DISCOUNT CODES & PROMOTIONS
Discount or promotional codes must be entered at checkout and used in accordance with the conditions of the relevant promotion.
Unless expressly stated otherwise, promotional codes cannot be exchanged for cash.
We may reject or cancel the use of a code where we reasonably believe it has been fraudulently obtained, duplicated, manipulated, distributed or otherwise used contrary to the promotion's terms.
12. PRODUCT AVAILABILITY
All products are subject to availability. Adding a product to your basket does not reserve that product.
If a product becomes unavailable after you place an order, we will contact you and, where appropriate, cancel the affected product and refund the amount paid for it.
13. DELIVERY
We currently deliver within the United Kingdom.
Our standard estimated delivery timeframe is 2-5 working days.
Orders are sent using a tracked delivery service and will usually be sent using Royal Mail Tracked 24. Tracking information will normally be provided after your order has been dispatched.
Delivery times are estimates rather than guaranteed delivery dates. Deliveries may take longer during busy periods, severe weather, courier disruption, promotional events or circumstances outside our reasonable control.
14. DELIVERY INFORMATION
You are responsible for providing complete and accurate delivery information.
If you notice an error after placing your order, please contact us as soon as possible. We will make reasonable efforts to amend your details before dispatch, but we cannot guarantee that changes can be made once an order has entered fulfilment or has been handed to the courier.
15. EVENTS OUTSIDE OUR CONTROL
If our ability to supply your order is delayed by circumstances outside our reasonable control, we will take reasonable steps to minimise the impact. Where appropriate, we will contact affected customers.
Nothing in this section affects your statutory rights.
16. CHANGING OR CANCELLING AN ORDER BEFORE DISPATCH
If you need to change or cancel an order, please contact us as soon as possible and provide your order number.
If your order has not yet been processed or dispatched, we will do our best to accommodate your request. Once an order has been dispatched, the cancellation and returns provisions below will apply.
17. YOUR STATUTORY RIGHT TO CANCEL
UK consumers purchasing goods online generally have a statutory cooling-off period for qualifying purchases.
You normally have 14 days after receiving your goods to tell us that you wish to cancel. After notifying us, you normally have a further 14 days to return the goods.
These rights are subject to the conditions and exceptions provided by applicable consumer law. Our additional 30-day returns policy does not replace or reduce your statutory rights.
18. OUR 30-DAY RETURNS POLICY
In addition to your statutory rights, WHATS THE FRAGRANCE provides a 30-day returns policy.
If a fragrance isn't right for you, please contact us within 30 days of receiving your order.
Under our additional 30-day returns policy, you may use 1-2 test sprays to experience the fragrance.
For change-of-mind returns under this additional policy, the fragrance must not have been used beyond this test amount and should be returned with its original packaging and in suitable condition.
Products that have been substantially used beyond the permitted test amount may not qualify for our additional 30-day returns policy. This does not restrict any separate statutory rights you may have.
19. RETURNING PRODUCTS
Once you have told us that you wish to exercise an applicable cancellation right, products should be returned within the relevant return period.
For change-of-mind returns, you are responsible for return postage where permitted by law and where you have been informed of that responsibility.
We recommend using an appropriate tracked service and keeping proof of postage.
If a product is faulty, damaged, leaking or incorrect, please contact us before returning it so that we can arrange the appropriate solution.
20. REFUNDS
Where you exercise a statutory cancellation right, we will provide any refund required by applicable consumer law, including the basic outbound delivery charge where legally required.
If you chose a more expensive delivery service than our standard option, we are not required to refund the additional amount above the cost of standard delivery where the law permits.
Where goods are being returned, we may wait until we receive the goods back or receive appropriate evidence that they have been returned before issuing the refund, where permitted by law.
Eligible refunds will be made to the original payment method and within the applicable legal timeframe. Your bank or payment provider may take additional time to display the funds after we have processed the refund.
21. FAULTY, DAMAGED OR INCORRECT PRODUCTS
We have a legal duty to provide products that are as described, fit for purpose and of satisfactory quality.
If you receive a faulty, damaged, leaking or incorrect product, please contact us as soon as reasonably possible.
We may ask you to provide your order number, photographs of the product and packaging, and a brief description of the problem. Please retain the product and packaging until we have responded.
Nothing in these Terms limits or excludes your rights under the Consumer Rights Act 2015 or other applicable consumer legislation.
22. MISSING ITEMS OR DELIVERIES
If an item is missing from your order, please contact us with your order number and details of the missing item. We may ask for photographs of the parcel and contents to assist with our investigation.
If tracking shows a parcel as delivered but you cannot locate it, please check the delivery location, any designated safe place and, where appropriate, household members or neighbours.
If you still cannot locate the parcel, contact us and we will assist with the appropriate courier investigation.
23. WEBSITE ERRORS & INACCURACIES
Occasionally our website may contain errors, inaccuracies or omissions relating to product descriptions, prices, promotions, availability, delivery charges or other information.
We may correct genuine errors and update information where permitted by law. If an error materially affects an order you have already placed, we will contact you where appropriate and deal with the order in accordance with applicable consumer law.
24. INTELLECTUAL PROPERTY
Unless otherwise stated, WHATS THE FRAGRANCE branding, logos, photographs, graphics, designs, written content and other original website materials belong to WHATS THE FRAGRANCE LTD or are used by us with permission.
Our website and its content may be used for personal, non-commercial purposes.
You must not reproduce, copy, distribute, modify, sell or commercially exploit our intellectual property without our permission except where permitted by law.
Third-party trademarks referenced on our website remain the property of their respective owners.
25. REVIEWS & CUSTOMER CONTENT
If you submit a review, photograph, comment or other content through our website, it must be genuine and must not be unlawful, abusive, defamatory, deliberately misleading, obscene, infringing or contain malicious material.
You must not impersonate another person or deliberately provide false information. We may moderate or remove content where reasonably necessary.
26. THIRD-PARTY SERVICES & LINKS
Our website may use or contain links to third-party services, including payment providers, delivery providers, social-media platforms and other technology providers.
Third-party services may operate under their own terms and privacy policies. We are not responsible for the independent content or operation of third-party websites or services that we do not control.
27. PRIVACY
We process personal information in accordance with our Privacy Policy and applicable data-protection law.
Please review our Privacy Policy for further information about how personal information is collected, used and protected.
28. OUR LIABILITY
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded.
Subject to your statutory rights, we are not responsible for losses that were not reasonably foreseeable when the contract was formed or losses caused by circumstances outside our reasonable control.
Nothing in these Terms restricts your statutory consumer rights.
29. CHANGES TO THESE TERMS
We may update these Terms of Service from time to time. The version applicable to an order will normally be the version in force when you placed that order.
The latest version will be published on our website.
30. OTHER IMPORTANT TERMS
Each section of these Terms operates separately. If a court or competent authority finds any provision unlawful or unenforceable, the remaining provisions will continue to apply.
If we delay enforcing any right under these Terms, that does not necessarily mean we have waived that right.
The contract for your purchase is between you and WHATS THE FRAGRANCE LTD. Except where the law provides otherwise, no other person has the right to enforce it.
31. COMPLAINTS
If you have a complaint about an order, product or our service, please contact us through the contact details provided on our website.
Please include your order number where your enquiry relates to an existing order.
We aim to respond to customer-service enquiries within 48 hours, Monday to Friday, excluding bank holidays.
32. GOVERNING LAW
These Terms of Service are governed by English law.
Nothing in these Terms prevents a consumer from exercising any mandatory rights they may have regarding the courts in which proceedings can be brought.
33. CONTACT US
Questions about these Terms of Service, our products or an existing order can be submitted through the Contact Us section of our website.
Please include your order number where possible.
34. COMPANY INFORMATION
WHATS THE FRAGRANCE LTD
Company number: 16436643
Registered in: England and Wales
The registered office address and any other company information required by law should be displayed in the appropriate area of the website.
STANDARD CANCELLATION FORM
If you wish to exercise an applicable statutory cancellation right, you may contact us through our website or provide the following information:
To: WHATS THE FRAGRANCE LTD
Order number: ______________________________
Product(s) being cancelled: ______________________________
Order date: ______________________________
Date received: ______________________________
Customer name: ______________________________
Customer address: ______________________________
Date of cancellation request: ______________________________