Terms and Conditions

Welcome to the Sniffy Scents website (the “Site”). “Sniffy Scents” refers to Bianca’ s Pleasures Pty Ltd (ABN: 75 808 379 708), the company who owns and operates this website and its subsidiaries, related entities and assigns. By accessing, browsing or using this Site, You acknowledge that You have read, understood and agree to be bound by these Terms and Conditions (the “Terms”) which, together with our Privacy Policy govern the relationship between Us (Sniffy Scents) and You (the User).

If You do not agree to these Terms, You must not use or access this Site.

1. USE OF THIS SITE Your use of this Site is subject to the following terms and conditions: (a) Your use of this Site must, at all times, be in compliance with these Terms and must only be for your own, non-commercial, personal use. You are responsible for all communications, including but not limited to, the transmission, uploading or posting of information onto or through this Site by You or through Your login and You shall be responsible for the consequences of any such communications to the Site. (b) You must not use the Site for any of the following purposes, which are expressly prohibited by Sniffy Scents: (i) Communicating, transmitting, posting or uploading of any material that infringes on any rights, including but not limited to intellectual property, of any third party. (ii) Communicating, transmitting, posting or uploading any information, content or material which is untrue, inaccurate, obscene, libellous or abusive. (iii) Engaging in any conduct that would violate any law or regulation in any applicable jurisdiction. (iv) Attempting to interfere in any way with the Site’ s or Sniffy Scents’ network security, or attempting to use the Site’ s service to gain unauthorised access to any other computer system or network. (c) You are responsible for maintaining the confidentiality of Your login details and You accept responsibility for all activities that occur under Your login. You must notify Us immediately in the event of any unauthorised use or misuse of Your account or where there is any other breach of security. (d) Sniffy Scents reserves the right to revise these Terms at any time and for any reason without notice to You. It is Your responsibility to review these Terms each time You use the Site. (e) We reserve the right to, at any time and without notice to You, revise the products and services available on and through this Site and to change, suspend or discontinue any aspect of this Site without liability to You or to any third party. (f) Sniffy Scents may, at our sole discretion, impose rules for and limits on the use of this Site by You or any other member or restrict Your access to part, or all, of the Site without notice or penalty. Any such rules, limits or restrictions shall be incorporated into and form part of these Terms. (g) Sniffy Scents may impose additional terms and conditions specific to any products, orders or aspects of your use of this Site, including but no limited to, with respect to the ordering, shipment and return of goods purchased through this Site and to any membership reward programs (“Additional Terms”) offered from time to time by Sniffy Scents. These Additional Terms shall be incorporated into and form part of these Terms. In the event of any inconsistency between these Terms and any Additional Terms, the Additional Terms shall prevail to the extent of the inconsistency.

2. PRODUCTS AND INFORMATION Your use of this Site is, at all times, entirely at Your own risk. Except in respect of any content submitted by Members, Sniffy Scents shall use reasonable endeavours to ensure that any information on this Site is complete, reliable and up to date. Notwithstanding this, neither We, nor any third party make any warranties or guarantees as to the accuracy, timeliness, completeness, performance or suitability of any information, product or materials found on this Site. You acknowledge that any such information may contain errors or inaccuracies and Sniffy Scents expressly excludes any liability, which may arise. Where any such inaccuracies or errors do occur, We may correct that information without any liability to You or any third party. Sniffy Scents does not make any guarantee as to the availability or suitability of products on this Site. It is your responsibility to determine the suitability of a product or service for You and Sniffy Scents expressly excludes all liability in relation to this. Sniffy Scents reserves the right to, at its sole discretion, limit the quantity of products purchased by any User through this site at any time and for any reason.

3. MEMBERSHIP You must be over 15 to register for and use this Site. Sniffy Scents may, at any time at our sole discretion, revoke your membership for any reason, including but not limited to, for breach of these Terms.

4. PROPRIETARY RIGHTS This Site contains materials that are owned by or licensed to Sniffy Scents. These materials include, but are not limited to, the design, layout, look, appearance and graphics and are protected by applicable copyright, trademarks or other relevant proprietary rights and laws. You must not use, reproduce, sell, license, display, publish, adapt, edit or in any way create derivative works from any of the content or materials contained on this Site. You may not create a link to this Site from another website or document without the prior written consent of Sniffy Scents. Sniffy Scents claims ownership of all products made available through the Site however You grant Sniffy Scents a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sub license all content or materials or part thereof without any obligation of compensation or attribution to You. You represent, warrant and covenant to Us that You have the full right to grant to Sniffy Scents the right to use such content or materials in the manner specified in this Clause.

5. DISCLAIMER Your use of this Site, is at all times at Your own risk and you assume all responsibility associated therewith. All information, content, materials or products available on or in any way through this Site are provided to You on an as is basis. Sniffy Scents expressly excludes all warranties, express or implied, to the extent permitted by law, including but not limited to those relating to merchant ability and fitness for a particular purpose. Sniffy Scents does not warrant that this Site and the services provided herein will be uninterrupted, free from errors, defects, viruses or other harmful components. From time to time this Site may contain links to other third-party websites. Sniffy Scents does not in any way endorse the content of any such websites or make any representations, warranties or guarantees in relation to those sites and We expressly exclude any liability which may arise from Your use of or access to those third-party websites.

6. INDEMNIFICATION You shall indemnify, defend and hold harmless Sniffy Scents and its subsidiaries and assigns, from and against any and all claims, damages, liabilities, costs (including legal fees) and expenses which arise directly or indirectly from Your use of this Site, any breach by You of these Terms or the Privacy Policy, or any breach of any third party intellectual property rights.

7. LIMITATION OF LIABILITY Notwithstanding anything else in these Terms, Sniffy Scents, its subsidiaries, assigns and third-party providers shall not, under any circumstances be liable to You or any other User of this Site for any direct, indirect, incidental, punitive, special or consequential damages whether based on contract or tort arising out of Your use or inability to use this Site. Sniffy Scents total liability to You shall be limited to the amount paid by You to Us for Your membership fees for the membership period during which the event giving rise to the liability occurs. This Clause 7 applies in respect of all content, information, products and services available on or through this Site.

8. POSTAGE Any products purchased by You from this Site will be posted through Australia Post. All title in and risk to such products will pass to You upon delivery to the third-party carrier by Sniffy Scents.

9. CANCELLATION POLICY Six monthly memberships may only be cancelled at the termination of the membership period and not during the term of the membership. Monthly memberships may be cancelled at any time. All membership cancellation requests should be directed [email protected] Please know that if you submit your cancellation request within 2 days of your subscription’s billing date, the cancellation will only be processed 4 days after the billing date.

10. RETURN POLICY If you intend to seek a refund, replacement or exchange for a faulty product, you must email us on [email protected] to obtain prior approval. Please include the order number and reason for the return. Sniffy Scents will not bare returning cost. Your item must be returned within 7 days else no refund will be provided regardless of the reason. Please note that Sniffy Scents will, at all times, honour its obligations under Australian Consumer Law.