Terms & Conditions

This site is owned and operated by Fragrance FX of 8 Deryn Court, Pentwyn Business Centre, Wharfedale Road, Cardiff, CF23 7HB. Registered Office: 8 Deryn Court, Pentwyn Business Centre, Wharfedale Road, Cardiff, CF23 7HB.

If you want to ask us anything about these terms and conditions or have any comments or complaints on or about our website, please contact us using the details on the Contact web page.

Ownership of Rights

All rights, including copyright, in this website are owned by FragranceFX Limited (“FragranceFX”). Any use of this website or its contents, including copying or storing it in whole or part, other than for your own personal, non-commercial use is prohibited unless it is with the prior written permission of FragranceFX.

The Contract Between Us

We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.

Price and Payment

All prices are inclusive of VAT at the current rate unless otherwise stated. The prices payable for goods that you order are as set out in our website. Prices quoted are correct at time of publishing. We reserve the right to change prices and specification of any item on the Web site at our discretion without prior notice or to withdraw any items at any time. We will not be liable to you or anyone else for withdrawing any items from the Website or refusing to process an order. However, this will not affect any orders that have been accepted and therefore dispatched.

Payment can be made on the Website by Mastercard/Visa credit card or Switch/Delta debit card. If, however, you would prefer to pay by any other method please contact FragranceFX using the details on the Contact page.

You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not be liable for any delay or non-delivery and we are not obliged to inform you of the refusal. Authority for payment must be given at the time of order. Our liability to you in connection with any order will not exceed the total price charged for the relevant items.

We are not responsible for your card issuer or bank charging you as a result of our processing your credit/debit card payment.

Prices that are reduced for sales and promotions are only valid for the specified period.

You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out the Delivery page of this site.

Cancellation and Returns

FragarnceFX.will accept returns provided the goods have not been opened or removed from their original packaging. Any item removed from its packaging cannot be resold by us as "new and Boxed" and will therefore not be resellable at current prices. 

If you have received the goods before you cancel your order then you must send the goods back to our contact address at your own cost and risk. If you cancel your order but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.

Once you have notified us that you are cancelling your order, any sum debited to us from your credit/debit card will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT we have been able to inspect the returned goods to ensure that they are received by us in the condition they were in when delivered to you. Any Monies will not be refunded until we have had the opportunity to inspect the goods.

If you do not return the goods within 30 days of your notice of cancellation, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on our website. This does not affect your statutory rights.

As we cannot be held responsible for non-delivery of returned goods we recommend that you obtain proof of posting. Please note that all goods must be returned in their original packaging.

Cancellation By Us

We reserve the right to cancel the contract between us if:

• we have insufficient stock to deliver the goods you have ordered;
• we do not deliver to your area; or
• one or more of the goods you ordered was listed at an incorrect price.

If we do cancel your order we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Delivery of Goods to You

We will deliver the goods ordered by you to the address you give us for delivery at the time you make your order. For deliveries in the UK, please see the web page entitled Deliveries. For deliveries outside the UK, the delivery charges will be as confirmed by us and delivery will be made as soon as possible. All deliveries must be signed for.

If FragranceFX delivers a product to your address and you are absent or fail to take delivery, then:

• Risk of loss and damage to the product will pass to you;
• FragranceFX may store the product until delivery whereupon you shall be liable for all related costs and expenses (including without limitation storage and insurance) from the agreed delivery date.
• Any delivery dates requested by you or stated in any order acknowledgement or confirmation are estimates only. FragranceFX cannot guarantee delivery on such dates and has no liability for failure to deliver on such specified dates. If delivery has not taken place within 7 days from the estimated delivery date, you should call our Customer Care line, the number of which is advertised on the Contact page of this web site. If FragranceFX advises you of a new estimated delivery date, which is more than 30 days from the original estimated delivery date you shall have the right to cancel the order. FragranceFX shall refund you any price which you have paid. You shall have no other rights against FragranceFX for delay in delivery.

Liability

If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us by e-mail or in writing at our contact address of the problem within 7 working days of the delivery of the goods in question.

If you do not receive the goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 37 days of the date on which you ordered the goods.

If you notify a problem to us under this condition, our only obligation will be, at your option:

• to make good any shortage or non-delivery;
• to refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question.

FragranaceFX does not limit its liability for death or personal injury caused by its negligence.

Warranties

You warrant that:

• You will use this website only in accordance with these Terms and Conditions and only for lawful purposes and in a lawful manner; and
• All information which you provide to us is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to such information.

Indemnity

You agree to fully indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or other liabilities arising out of your use of the website

Data Protection

FragranceFX is a registered data user under the Data Protection Act. We never make your personal details available to other companies for marketing purposes other than for the marketing of FragranceFX branded products and services. We (and our representatives) may hold your personal details in order to process your order and/or maintain your account.

Health and Safety

In accordance with the Health and Safety at Work Act 1974 and the Consumer Protection Act 1987, FragranceFX confirms that the goods it supplies do not present a hazard to health and safety when properly used in accordance with the manufacturer’s instructions for the purpose for which they are designed and when the customer takes reasonable and normal precautions in their use.

Notices

Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing or by e-mail and all notices from us to you will be displayed on our website from time to time.

Force Majeure

We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, accident or legislation.

Third Party Rights

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Waiver

Failure by FragranceFX to enforce any of these Terms shall not constitute a waiver or affect its right to require the future performance thereof, nor shall its waiver of any breach of any provision of these Terms constitute a waiver of any subsequent breach or nullify the effectiveness of any such provision.

Invalidity

If any provisions of these Terms are held by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms, which shall remain in full force and effect.

Variation

FragranceFX reserves the right to change and amend these terms at any time and without prior notice.

Entire Agreement

These Terms, together with our current website prices, delivery details and contact details set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these Terms or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.

Governing Law

These Terms shall be governed by and interpreted in accordance with English law and you submit to the exclusive jurisdiction of the courts of England.