We attempt to be as accurate as possible when describing our Products on the Site. However, we do not guarantee that the Product descriptions, packaging illustrations, colors, sizes, prices or other content available on the Site are accurate, complete, reliable, current, or error-free, and we disclaim any liability arising out of any errors, to the extent permitted by law. All material and information on the Site or otherwise provided by Scentbird is intended to be used for personal educational or informational purposes only. The statements made about Products have not been evaluated by the U.S. Food and Drug Administration or by any other country’s government or agencies.

All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for Products to avoid potential allergic reactions. Please consult with your own physician or health care practitioner regarding the use of any goods, Products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Scentbird does not give or intend to give any answers to medical-related questions and this Site does not replace any medical professional or medical resource. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL YOUR PHYSICIAN IMMEDIATELY, OR CALL 911 in the United States or Canada or 999 in the United Kingdom.

The Products available on the Site are for your personal use only or for you to give as personal gifts. You may not sell or resell or use for commercial purposes any Products you purchase or otherwise receive from Scentbird.

Unless otherwise prohibited by law, we reserve the right to change or substitute any Products offered for sale on the Site, and the prices or descriptions of any Products, at any time without any notice or liability to you or any other person. We reserve the right to limit quantities of Products sold or made available for sale on the Site and to decline any purchase. The Site content and Products available on the Site may be out of date or differ slightly from the actual Products.

(a) Costs. The costs of delivery will be as displayed to you on our Site.

(b) Time. During the order process we will let you know the date range during which we aim to deliver the Products to you. If the Products are ordered under a subscription, we will tell you the frequency of deliveries and deliver them to you at such intervals until your subscription ends. Although we aim to deliver the Product to you by our estimated dates, we cannot guarantee the dates.

(c) Receipt. If no one is available at your address to take delivery and the Products cannot be posted through your letterbox or left in your mailbox, the Products will be delivered to your designated location or you will be left a note explaining how to rearrange delivery or collect the Products from a local post office or depot.

(d) Non-delivery Due to Defective Address. It is your responsibility to provide us with a valid and current address for delivery of every Product. If we are unable to deliver to the address you gave us because the address is non-existent, out-of-date or otherwise defective, the Product may be returned to us. If the Product is returned to us because the address you gave us is non-existent, out-of-date or otherwise defective, you acknowledge that the Product will have no cash value upon being returned to us, that such Product may be discarded or disposed of by us, and that the return of the Product to us does not entitle you to, or create, any refund, credit memorandum, credit balance, merchandise credit, or similar obligation owed to you by us.

(a) Risk. The Product becomes your responsibility from the time we deliver it to the address you gave us. Risk of loss of the Product and damage to the Product transfer to you at that time. In addition, if we are unable to deliver to the address you gave us because the address is non-existent, out-of-date or otherwise defective, and the Product is returned to us, such Product will have no cash value upon being returned to us and may be discarded or disposed of by us.

(b) Ownership. You own the Product from the point when we deliver it or, in the case of attempted delivery to a non-existent, out-of-date or otherwise defective address, when we attempt to deliver it, as described above.

The Site and its content, including without limitation any patents, copyrights, trademarks, inventions, trade secrets, or any other intellectual property rights, are owned by Scentbird, or our affiliates, partners or licensors.

Copyrights: All content available on the Site, including but not limited to text, graphics, logos, buttons, icons, images, audio, video, data compilations and software, the compilation thereof, and the look and feel of the Site, is the property of Scentbird, Inc., our affiliates, partners or licensors, and is protected by United States and international copyright laws and treaties.

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress displayed on the Site are the registered and unregistered marks of Scentbird, our affiliates, partners or licensors, in the United States and other countries, and are protected by United States and international trademark laws.

Except as set forth in the limited rights section below, or as required under applicable law, neither the copyrights, trademarks, other intellectual property nor any portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent.

We grant you a limited, revocable, and non-exclusive right to access and make personal use of the Site. This limited right prohibits and does not permit you to: (i) frame or utilize framing techniques to enclose the Site or any portion thereof; (ii) modify, download, reverse engineer or decompile the Site or content (except caching or as necessary to view the Site); (iii) make any use of the Site or content other than for your own personal use; (iv) create any derivative work based upon the Site or content; (v) collect another’s account information for the benefit of yourself or another party; (vi) use any meta tags or any other "hidden text" utilizing our name or the trademarks or to otherwise use the trademarks; (vi) use software, automated devices, robots, spiders, crawlers, scripts or similar data gathering and extraction tools or otherwise collect and/or use any Product listings, descriptions, price or similar information; or (vii) take any other action that may impose an unreasonable burden or load on our infrastructure or interfere with the operation of the Site or that may adversely affect performance of the Site or restrict any other Site user or Scentbird from using or enjoying the communication services or the Site.

We also grant you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of https://www.scentbird.com, for personal, non-commercial use only. A third party website that links to scentbird.com (i) may link to, but not replicate, our content; (ii) may not imply that we are endorsing such website or its services or Products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial or damaging to the goodwill associated with our name and trademarks, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our Products or services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable Products, services or opinions; (vi) may not use our name or trademarks other than in identifying the link, scentbird.com; and (viii) must display scentbird.com on full-screen and not within a "frame" on the linking website. We may, in our sole discretion, request that you remove any link to scentbird.com, and upon receipt of such request, you shall immediately remove such link. Any unauthorized use by you of the Site or these Terms automatically terminates the limited rights and licenses set forth in this section, without prejudice to any other remedy provided by applicable law or these Terms. Immediately upon any such termination you must remove any hyperlink to the Site.

From time to time, Scentbird may offer certain special promotions, features, or events (such as contests, sweepstakes, or other offerings) (collectively, "Promotions"). These Promotions may be subject to additional terms in addition to or instead of these Terms and may be offered by us or by third parties. We will disclose details for such Promotions (such as eligibility requirements, dates of availability, contents of the Promotion, etc.) when offered, and if you choose to take advantage of any Promotion, you agree that your participation will be subject to such additional terms or other guidelines, rules, and/or policies.

The following applies to all promotions, but if different from these Terms, the Promotion details on the Site will control:

1. Dates of availability are assumed to be from 12:00:01 AM U.S. Eastern Time on the start date through 11:59:59 PM U.S. Eastern Time on the end date. Daylight savings time applies when in effect.
2. An eligible purchase must be completed on scentbird.com during the dates of availability of the promotion, as specified. Purchases prior to or after the dates of availability are not eligible.
3. Promotions are only available while supplies last. A promotion may expire early due to limited quantities of gifts.
4. All requirements of the promotion as specified must be met in order to successfully redeem a promotion. This may include, but is not limited to: purchasing a specific Product, making a purchase for a specific dollar amount, being signed in as a registered member, or having specific information in your membership account.
5. A promotion may not be combined or used with other promotions within the same order.
6. Promotional offers have no cash value and cannot be resold or transferred.
7. Scentbird reserves the right to cancel, suspend or modify part or all of any promotional offer at any time without notice, for any reason in its sole discretion.
8. Returns must include any promotional gift(s) to qualify for full refund. Partial returns must include any promotional gift(s) to qualify for a partial refund if the unreturned portion of the order fails to meet the original requirements to qualify for the promotional gift. Promotional gifts may not be exchanged. Any promotional gift(s) that are undeliverable because the address you gave us is non-existent, out-of-date or otherwise defective, and which are subsequently returned to us by the mail carrier service, are also not refundable and do not entitle you to, or create, any refund, credit memorandum, credit balance, merchandise credit, or similar obligation owed to you by us.

The Products available on the Site can only be delivered within the United States, Canada or the United Kingdom. We do not deliver to any other country. Make sure to provide us with the correct shipping information and to update shipping information if you move.

(a) Product orders.

You may order Products through our Site. Our acceptance of your order will take place when we email you to confirm receipt of the order, at which point a contract will come into existence between you and us.

(b) Subscriptions, Automatic Renewal and Termination.

(i) Some Products or special pricing offered on the Site may be available only if you purchase a subscription for a period of time, as specified during purchase of the Product. You subscription will include an order for deliveries of Products in the minimum quantities or value specified there for the period of your subscription.

Our subscription offerings include our main fragrance subscription and a new Candle Club subscription option that is available only to our fragrance subscribers. Both our fragrance and Candle Club subscription offerings are available only to customers in the US and Canada. We don’t offer an option to skip a month in your Candle Club subscription if you don’t want a particular candle. However, you can cancel your Candle Club subscription at any time (see the Subscription Termination section below). Also, if you choose to skip a month under your fragrance subscription, your Candle Club shipment for that month will automatically be skipped as well. Currently there’s no option to purchase more than one candle under your subscription. However, if Scentbird has remaining inventory of a candle, we may make the extra candles available on our Site for individual purchase.

(ii) Subscription Renewals: In order to provide continuous service, your subscription will automatically continue and renew for the same period of time as the original subscription period (for example, on a year-to-year basis), until you or we terminate your subscription, as set forth in subsection (iii) below. Subscriptions renew at the end of your subscription term, on the 5th day of the month. If required by applicable law, Scentbird will send you an email reminder before this happens, reminding you of your upcoming subscription plan renewal and the option (in addition to your other rights) for you to terminate your subscription before it automatically renews. You can notify us of your termination of your subscription at any time, but such termination subscription will not take effect until the end of the current term of your subscription.

Subscription renewals will be billed at the then-current rate of the applicable subscription and according to your original billing cycle method (e.g., a month-to-month payment or single up-front payment for each subscription renewal term). You also agree that the amount billed for the renewal period may be different if your original subscription was purchased under a promotional offer, and you authorize us to charge your Payment Method for such varying amounts and any other charges that you may incur in connection with your subscription. Your subscription will remain in effect and continue to renew automatically until it is terminated. By enrolling in a subscription plan, you agree that your subscription will be subject to the above-described automatic renewal terms.

(iii) Subscription Termination: if you wish to terminate your automatic renewal for your fragrance subscription, you may do so by emailing our customer service professionals (the "Customer Experience team") at support@scentbird.com. If you wish to cancel only your candle subscription, you may do that by visiting Manage Subscription → Candle → Cancel Subscription. You will be offered a refund if your subscription order has not yet been processed. Otherwise, you can terminate or cancel at any time, but please note that with 3, 6 or 12-month subscription plans (where you make a term commitment) the cancellation will not take effect until the end of the applicable term, so you will not receive a refund, but you will be entitled to receive shipments until the end of your subscription term that has been paid in full. Scentbird will use reasonable efforts to process subscription termination requests within seven business days from the receipt of the request. We may also terminate your subscription (i) immediately upon notice to you, if you materially violate these Terms, or (ii) for any other reason, effective at the end of your then-current subscription term. If your subscription is terminated under subsection (ii), your subscription will remain in effect until the end of the then-current subscription term which has been paid in full.

If you wish to downgrade your plan back to a month-to-month plan or stop automatic renewal of your multi-month plan, simply reach out to Customer Support through our Help Center page or at support@scentbird.com and let us know. We're here to help with that!

Also, you can change your preferences for the next shipment under your subscription, as long as your changes are made at least one day prior to your next billing cycle.

If you are a Candle Club subscriber, you can cancel your Candle Club subscription at any time without affecting your fragrance subscription. However, if you cancel your fragrance subscription, that will automatically cancel your Candle Club subscription as well.

The subscription termination, return and refund provisions in these Terms apply to you only to the extent permitted by applicable law, and are in addition to any statutory cancellation rights you may have in your country of purchase. There may be laws or regulations in your state, province or country that will supersede these terms.

(iv) Scentbird may offer special promotions with differing conditions and limitations. Any materially different terms from those described in these Terms will be disclosed at sign-up or in other communications made available to you before submitting your order or applying for a subscription.

(v) Gift subscriptions: Please enjoy your gift subscription – someone thinks you’re pretty great! Sorry, we do not offer refunds for any gift subscriptions. You can purchase a subscription as a gift for someone by selecting either a three, six or twelve month subscription period and prepaying the entire subscription fee at check out. For gift subscriptions, the subscription will not be renewed after the then-current term you purchased expires. You cannot cancel a gift subscription and the pre-paid fee is non-refundable. The person who bought the gift subscription may have additional statutory rights.

(vi) Subscriptions and memberships are void where prohibited by law.

(c) Acceptance of orders or subscriptions.

If we are unable to accept your order or your subscription for any reasons, we will inform you of this by email and will not charge you for the Product.

(d) Prices and Billing.

(i) Prices. The prices for your ordered Products will be as displayed on our Site from time to time and will also be shown on the order pages when you place your order for Products or a subscription. On occasions, for example, if there is an error on the Site or when we are in the process of changing prices when you submit your order, we might refuse your order when you send it or, in the case of an obvious error, we might cancel the order and offer you Products at the corrected price. Please note that Product prices may change in the course of your subscription. If the rate of sales tax or value added changes between your order date and the date of payment, we will adjust the rate.

(ii) Payment Methods. Once you submit your order or subscription, you are committed to pay for the Products ordered. In connection with any and all orders or subscriptions that you select to purchase, you must provide us with a current, valid, accepted method of payment as displayed on our Site, which may change from time to time ("Payment Method"). All subscriptions and purchases are subject to these Terms and any additional terms and conditions, including any fees, imposed by your financial services provider and/or mobile carrier, as applicable. By providing your account information in connection with any subscription or purchase, you authorize Scentbird to debit the total cost of said subscription and/or purchase and agree to be responsible for all associated charges, including any applicable taxes and import duties. If charges for which you are responsible fail at the time payment is required, you will be responsible for all costs and fees associated with any and all efforts by Scentbird to be paid such amounts due, including but not limited to any attorney fees and other legal expenses. You represent and warrant that all information you provide in connection with your purchase is true, accurate and complete. We reserve the right to offer subscriptions for the duration(s) and at the costs that we determine appropriate, in our sole discretion but any changes will not affect a subscription or order which we have already accepted.

(iii) Billing Cycle. The fee for certain subscriptions must be paid in a single up-front payment, while other subscriptions may allow payment on an installment basis (e.g. month-to-month). If the subscription fee is paid in a single up-front payment, the total subscription fee is due and payable to Scentbird immediately upon sale and your Payment Method will be automatically billed at that time. If the subscription fee is paid on an installment basis, your Payment Method will automatically be billed at the beginning of each installment period, as specified during check-out or otherwise.

(e) Extra items.

We may also offer additional Products for sale on scentbird.com (such as magnetic palettes, single eye-shadows, makeup brushes, extra cases, etc.). Unfortunately, we don't offer refunds or returns on these items, but you can always exchange a damaged item within 30 days of receipt. This paragraph does not affect any statutory rights you may have in your country of purchase.

(f) Other cancellation rights.

If you are in the United Kingdom, please see our notice to United Kingdom customers about additional cancellation rights.

Subscription Returns – Scentbird subscription items are non-refundable and ineligible for returns, except that any Products that are defective or damaged at the time you receive them may be exchanged for a replacement. If your item was not delivered in perfect condition, it is replaceable within 30 days of their delivery date, as described below under "Damaged Products." Please be sure to review your queue on an ongoing basis to ensure that we ship the items you’d like to receive! Products and any other subscription items that are returned to us because the address you gave us is non-existent, out-of-date or otherwise defective are also not refundable and do not entitle you to, or create, any refund, credit memorandum, credit balance, merchandise credit, or similar obligation owed to you by us.

Returning à la carte orders – We are happy to offer returns on full-size fragrances, gift sets, and select à la carte purchases. Once your order is delivered to you, you have 15 days to return your item(s) in their original, unopened condition for store credit towards any purchase on the Scentbird Site. If you’d like to make a return, please contact us first to obtain an RMA number. It may take up to 14 business days to process your return and credit your account. We will notify you by email once your return has been processed. We do not accept returns on à la carte fragrance vials.

Damaged Products – Please note that a tolerance space (between 3-5%) is left in all fragrance vials to ensure we comply with guidelines when shipping fragrances. These vials are considered full and still contain 120 sprays of fragrance as promised. Otherwise, if any item in your order was damaged or has leaked in transit, reach out to our Customer Support team within 30 days of delivery so that we can issue a replacement! To expedite the replacement process, please attach a picture of the damage or leaking Product with your e-mail.

The above does not affect any statutory rights you may have in your country of purchase.

If you download the Scentbird Mobile App, Scentbird hereby grants you a license to use the Mobile App solely for your personal, individual use, and only for the purpose of subscribing to and purchasing Products from Scentbird and related functions as provided by the Mobile App. You may not modify, distribute, rent, resell for profit, or create derivative works based on any part of the Mobile App. You may not reverse engineer, decompile, or disassemble the Mobile App software.

By downloading the Mobile App, you consent to the installation of the Mobile App as described in these Terms and in the app stores, as well future updates and upgrades to this app. You can withdraw your consent at any time by uninstalling the Mobile App. To request assistance in removal or disabling of our app, please contact us.

You acknowledge, understand and agree that the Mobile App (including any updates or upgrades) may (i) cause your device to automatically communicate with Scentbird’s servers to deliver its functionality as described, and to record usage metrics, (ii) affect app-related preferences or data stored in your device, and (iii) collect personal information as set out in our Privacy Policy.

Your license for the Mobile App is also subject to these Terms of Service generally, including the warranty disclaimer, limitation of liability, and termination provisions of these Terms, and our Privacy Policy.

If you have questions, please contact us as set forth below, at the end of these Terms.

The Site may contain areas for you to post reviews, share your story, submit comments and other content, including photographs, and message or communication facilities to enable you to communicate with other users of the Site and with Scentbird (collectively, "User Content"). You retain all rights in your User Content, subject to the licenses to us set forth below, and you are solely responsible for your User Content. You acknowledge that your User Content may become available to others on the Site and elsewhere. You agree to post only User Content that you have the right to use or authorize others to use, and that is appropriate for general audiences and not confidential or private or harmful to others.

In addition to your obligations stated elsewhere in these Terms, you also agree that the following actions are prohibited and a material breach of these Terms. By way of example and not limitation, you agree that you will not, in connection with your use of the Site:

1. aggregate, copy, duplicate, publish or make available any Site content to third parties outside of the Site in any manner;
2. defame, abuse, harass, stalk, threaten or otherwise violate the privacy or publicity rights of others, impersonate anyone else, or misrepresent your identity or affiliation;
3. publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, pornographic, offensive, infringing, obscene, indecent or unlawful name, material, content or information, or violate any person’s privacy rights;
4. upload or download files that contain any content protected by intellectual property laws or other laws, unless you own or control the rights or interests or have received all necessary consents or permissions;
5. upload or transmit files that contain viruses, malware, disabling code, corrupted files, or any other software or programs that may damage the operation of another's computer;
6. use the Site to disseminate or make available unsolicited advertising or promotional materials, spam, pyramid schemes, multi-level marketing schemes, chain letters, or similar forms of unauthorized advertising or solicitation, or hack or violate any security measures;
7. falsify or delete any author attributions, legal or other notices, or proprietary designations or labels of origin or source; or
8. engage in any other action that, in our reasonable judgment, exposes us or any third party to potential liability or detriment of any type.

You grant Scentbird and our affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display your User Content in any form throughout the world in any media, whether now known or hereafter developed, alone or as part of other works. You further grant Scentbird and our affiliates the right to use the name that you submit in connection with such content, in our sole discretion. You represent and warrant that you own or otherwise control all rights to the User Content that you post, that your User Content is accurate, that use of your User Content does not violate these Terms, and that your User Content will not cause injury to any person or entity. It is our policy to decline any unsolicited suggestions or ideas. However, any unsolicited suggestions or ideas will be treated as non-proprietary and non-confidential and will not be returned. We may use any intellectual property or other rights in any submission for any purpose, including, without limitation, for developing, manufacturing, distributing and marketing new Products.

Scentbird may, but is under no obligation to, monitor and edit or remove any user activity or content on the Site, in its sole discretion. We take no responsibility and assume no liability for any content posted by you or any third party. Scentbird does not necessarily endorse any opinion or statement contained in any submission or User Content.

1. a description of the copyrighted work or other intellectual property that you claim has been infringed;
2. a description of where the material that you claim is infringing is located on the Site (providing url(s) in the body of your email is the best way to help us locate content quickly);
3. your name, address, telephone number, and email address;
4. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and
6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

Our copyright agent for notice of claims of copyright or other intellectual property infringement can be reached by sending an email through our Help Center page or to support@scentbird.com.

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING SECTION. THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT OUTLINES CERTAIN RIGHTS THAT YOU ARE WAIVING OR LIMITING BY USING OUR SITE AND PURCHASING OUR PRODUCTS. PLEASE REMEMBER THAT YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS, INCLUDING THE DISPUTE RESOLUTION PROCESS.

THIS SECTION WAIVES THE FOLLOWING RIGHTS THAT YOU MIGHT OTHERWISE HAVE:

• The right to maintain a court action,
• The right to a jury trial, and
• The right to participate in any form of class or representative claim.

THIS SECTION ALSO LIMITS CERTAIN OTHER RIGHTS YOU MIGHT OTHERWISE HAVE, including

• The right to engage in discovery, except as provided in arbitration proceedings under the rules of the American Association of Arbitration ("AAA") or, if you live outside of the U.S.A., the rules of arbitration of the International Chamber of Commerce ("ICC").
• The right to certain remedies and forms of relief that you or we would have in Court, but not in arbitration.
• To the extent the arbitration rules do not apply, the dispute will be governed by New Jersey law. Arbitration will take place in Trenton, New Jersey, and

These Terms shall be governed by, and will be construed under, the laws of the state of New Jersey, United States of America, without regard to choice of law principles.

You and Scentbird each agree that any dispute which may arise out of, under, or in connection with your visit to or use of the Site, these Terms, your subscription, our Products or services shall be resolved entirely through binding individual arbitration, rather than in court. Such arbitration shall take place in Trenton, New Jersey, and will be administered by the AAA in accordance with its Commercial Arbitration Rules. However, if you live outside of the USA, the ICC rules of arbitration will apply and we may agree to a different location for arbitration. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms of Service as a court would. Notwithstanding the foregoing, to the extent you have violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors, we may seek injunctive or other appropriate relief in any court and you consent to exclusive jurisdiction and venue in any such court. The foregoing does not affect any statutory right you may have to issue proceedings against us in your country of residence. If you live outside the United States, we may agree to alternative dispute resolution in your country of residence.

To the extent permitted by law, you agree to bring any dispute related to these Terms, your use of the Site, our Products or services in arbitration on an individual basis and that no claim arising out of these Terms your use of the Site, our Products, or services may be brought as a class action, and that no arbitration under these Terms shall be joined with an arbitration involving any other party under these Terms, whether through class arbitration proceedings or otherwise. If for any reason a claim proceeds in court and not in arbitration, we each agree to waive any right to participate in a class action against each other and the right to a jury trial.

The Site resides on servers located in, and is controlled in, the United States and is directed to individuals residing in the United States, Canada and the United Kingdom. Those who choose to access the Site from locations outside those countries do so on their own initiative, and are responsible for compliance with local laws if and to the extent applicable. Access to the Site is prohibited from jurisdictions where the Site or its content is illegal or penalized. Scentbird reserves the right to limit the availability of the Site and content to any person or jurisdiction in its sole discretion.

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES OR CONDITIONS AND, IF REQUIRED BY APPLICABLE LAW, SOME OF THE CONTENTS OF THIS SECTION MAY NOT APPLY TO A CUSTOMER WHO MAKES A PURCHASE.

The Site and Mobile App, and all contents on the Site and Mobile App, are provided to you on an "AS IS, AS AVAILABLE" basis, without warranty of any kind. We make no representations or warranties that use of the Site or Mobile App will be uninterrupted or that the Site, Mobile App or their use will be error-free, or as to any results that may be obtained by use of the Site or Mobile App. To the extent permitted by applicable law, we expressly disclaim all warranties, express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make no warranty as to the accuracy, completeness, reliability or availability of the Site or Mobile App or any content available through the Site or Mobile App. You expressly agree that your use of the Site and/or Mobile App is at your sole risk.

SOME JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW ALL OR PART OF THE FOLLOWING LIMITATIONS OR EXCLUSIONS OF LIABILITY AND, IF REQUIRED BY APPLICABLE LAW, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO A CUSTOMER WHO MAKES A PURCHASE ONLINE.

Except for instances of gross negligence, intentional wrongdoing, willful misconduct, or where we have a legal obligation to you, under no circumstances shall we or our affiliates, partners or licensors be liable to you or any other person for any indirect, incidental, consequential, or punitive damages arising out of or relating to these Terms, or access to or use of the Site or Mobile App or their content, any purchases you make, or any User Content (whether yours or a third party’s) or submissions to the Site, whether such claim or action is based in tort, contract, negligence, strict liability statutory liability or otherwise, and even if Scentbird has been advised of the possibility of such damages. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the Site and Mobile App and terminate these Terms. These limited remedies shall apply notwithstanding any failure of their essential purpose. Certain state, provincial, or country laws may not allow limitations on implied warranties or the exclusive or limitation of certain types of damages as set forth in this Section, so these limitations and exclusions apply to you only to the extent permitted by applicable law. If it is finally determined by a court of law or an arbitrator that our limitation of liability set forth in this Section does not apply to you, then you agree that our total liability in the aggregate for any claims made by you or any third party on your behalf shall not exceed one hundred dollars ($100.00) or the total amount of your last Scentbird purchase, whichever is greater.

The foregoing does not affect any statutory right you may have to issue proceedings against us in your country of residence.

You may terminate your agreement to these Terms by providing written (including emailed) notice to us. Upon such termination, you shall cease all use of the Site to purchase Products and shall delete the Mobile App from your devices, and we shall be permitted to delete your account and any and all information associated therewith. However, if you have a subscription to purchase Products, that subscription shall survive termination of these Terms for the remainder of its then-current term, as set forth above. Despite such termination, the relevant sections of these Terms will survive and continue to apply with respect to any Product purchases, actions or events occurring while these Terms were in effect.

We may, with or without prior notice, terminate your account or any of the rights granted by these Terms, or suspend access to or cease providing the Site or Mobile App, for any reasonable cause. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site and/or Mobile App. The foregoing is without prejudice to your statutory rights in the country where you live.

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice relating to providers of an electronic commercial service:

The name, and address of the provider of this service is: Scentbird Inc.
401 Cottontail LN,
Somerset, NJ 08873

Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or to support@scentbird.com, or through our Help Center page. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834 or by telephone at (916) 445-1245 or (800) 952-5210. Hearing impaired persons may call TDD (800)-326-2297 or TDD (916)-928-1227.

If you live in New Jersey, please carefully read these Terms and understand that by using our Site or purchasing a Product or subscription, in addition to the other rules you agree to:

(i) any dispute between us will be governed by New Jersey law and decided by non-judicial arbitration. By agreeing to these Terms you waive rights to maintain a court action, the right to a jury trial, and the right to participate in any form of class or representative claim. See the "Disputes, arbitration, and applicable law" section above;

(ii) under the laws of the State of New Jersey, limitations on implied warranties or the exclusive or limitation of certain damages as set forth in these Terms, including the Limitation of liability section above, may not apply to you; and

(iii) you are responsible for and will indemnify us against any harm that you cause us, whether it is because of (a) the content or materials posted on or submitted to the Site by you, (b) your material your uncured breach of these Terms, the Privacy Policy, any applicable laws that protect us, or our legal rights or those of any third party whose legal rights your actions have damaged or (c) any and all activities that occur under your account, username and/or password. See the Indemnification section above.

This section applies only to our customers who have bought our Products or subscriptions from the United Kingdom. In the event of any conflict, this section prevails over the remainder of these Terms where you are resident in the United Kingdom.

(a) Cancellation rights.

You have the right to cancel your order (including a subscription order) between the date when you submitted it and the date falling fourteen (14) days after we delivered the Product to you. You must inform us through our Help Center. If you exercise this right, we will refund the price you paid for the Products less any reduction in the value of the goods caused by your handling of them. This right is conditional on your, at your own cost, returning the Product to us in a fully resalable condition, which means being unused with all accompanying documents, un-tampered stickers, with undamaged outer packaging and the inner Product unused. For the avoidance of doubt, if you have bought a subscription, this right expires 15 days after the first delivery of Products under the subscription. This right is additional to your rights in relation to defective Products, which are set out below.

(b) Product warranty.

We warrant that:
(i) the Products you buy from us through the Site will be of satisfactory quality, conform to their description given on our Site, and match the sample or model (if any) that you examined before submitting your order (in each case as those expressions are understood under English law); and
(ii) we have the right to sell the Products to you. These subsections (i) and (ii) are referred to as the "Product Warranty".
You acknowledge that you have not told us of any particular purpose for which you order our Products and that we have not agreed to supply them on that basis. Products changed as permitted under paragraph (c) are deemed not to be in breach of the Product Warranty by virtue of that change.

(c) Product changes.

(i) We may make changes to the Products ordered through our Site to reflect any changes in laws or regulations, for example, concerning labelling or ingredients.
(ii) We may substitute or delay delivery of a Product if we do not have the Product in question in stock.
(iii) We may change the Product description or price if the description or price was incorrectly stated on out Site.
If we make any of these changes, we will notify you and you may then contact us to ask for a different Product from our Site or to cancel the order for that Product. If you contact us through our Help Center page within five (5) days of our notice, we will change or cancel the order for that Product as you request. If the order was under a subscription, we will refund your subscription if we cannot supply your ordered Product within a reasonable period of time. If you order was not under a subscription, we will refund the price.

(d) Your rights if we are in breach of the Product Warranty.

If we are in breach of the Product Warranty, you will have the following rights:
(i) You may, by notice through our Help Center page, sent within thirty (30) days of delivery of the Product to you, reject the Product in question or treat your subscription and contract with us as at an end. If you return the Product to us in the condition in which you received it, we will refund your payment for the Product and your reasonable postage within 14 days of our agreeing that the refund is due.
(ii) You may ask us to replace the Product through our Help Center page. We do not have to replace the Product if this is impossible or the costs of doing so would be disproportionate. If we agree to replace the Product, you must return it to us in the condition in which it was delivered. We will refund your reasonable postage. If we then supply you with replacement Products which do not conform to the Product Warranty, you may reject the Product as described in paragraph (d)(i) above, by notice through our Help Center page, sent within seven (7) days of delivery of the replacement Product or (if later) the expiry of the thirty (30) days after delivery of the original Product.
(iii) If the replaced Product does not conform to the Product Warranty or we do not supply it, then you may ask either for a price reduction or the final right to end the subscription or contract. You must make this request within six (6) months of delivery of the Products to you and you must return any refunded or unpaid-for Product in the condition in which it was delivered.

(e) Your rights if we deliver the wrong quantity.

(i) If we deliver less than the Product you ordered, you may reject them or accept them and pay for the quantity delivered, by sending us written (including emailed) notice.
(ii) If we deliver more than the Products you ordered, you may reject the excess or all the Products, by sending us written (including emailed) notice. If you accept all the Products, you must pay for the excess at the contract price.
If you reject the Products, you must return them to us in the condition in which they were delivered, and we will refund the amount you paid and reasonable postage.

(f) Your other rights.

You may also have a legal right to end your subscription or return a Product if we have done something wrong. You may have additional rights, such as a right to damages.

(g) Payment of refunds and return of Products.

(i) We will pay any refunds and reimbursements through the card or payment method through which you paid for the subscription or Product. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a Product within 10 days at one cost but you choose to have the Product delivered sooner at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. In most cases, we will pay the refund within 14 days of receiving the Product from you or (if earlier) proof that you have dispatched it to us.
(ii) Products must be returned to us at the address given in the introductory section of the Terms.

(h) Termination and suspension by us.

We may suspend our supply of Products to you or terminate your subscription or agreement between us if:
(i) You do not pay us by the due date for payment, and a further 7 days after we send you a written (including emailed) reminder.
(ii) You are otherwise in material breach of our agreement.
In these circumstances you might be liable to us for contractual damages.

(i) Our liability to you.

(i) If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
(ii) We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; and for breach of the Product Warranty.
(iii) We supply the Products to you as a consumer. We will not be liable for your business losses such as loss of profit.

(j) Alternative dispute resolution.

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. A list of providers in the United Kingdom may be found at www.tradingstandards.uk. We may consider alternative dispute resolution but are not bound to use it.

(k) Effect of our changes to these Terms.

If we change these Terms in any way materially adverse to you, you may terminate your subscription through our Help Center page or by emailing support@scentbird.com and you will not be obliged to buy Products for the remainder of the subscription term.

(l) Supply of information.

In order to fill your orders and supply Products to you, we will request your name, email, telephone, delivery address, and payment method.

(a) You acknowledge and agree that these Terms constitute the complete and exclusive agreement between us concerning your use of the Site and our services, and supersede and govern all prior proposals, agreements, or other communications.

(b) Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

(c) Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

(d) These Terms may be modified or amended only by a separate written agreement signed by an authorized official of our company. Any course of conduct between you and us will not be deemed to modify any provision of these Terms.

(e) If any provision of these Terms shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitrator’s award or court decision, the invalid provision shall be severed, and such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. In New Jersey, this includes the New Jersey section above as well as all of the other provisions in these terms. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

(f) Our provision of the Site and our Products and services is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, your account, or your User Content.

(g) Unless otherwise stated, all monetary amounts referred to in these Terms and on the Site are in U.S. dollars.

If you have any questions regarding these terms and conditions, or complaints about our Products or subscriptions, please contact us through our Help Center page, email us at support@scentbird.com, or contact us at:

Scentbird, Inc.
401 Cottontail LN,
Somerset, NJ 08873