1. Contract:
Between:
On the one hand,
SCHEHERAZAD The Seller (“retailer in the business sector of perfumery, personal care and beauty products”), registered at the CoC of Middelburg, The Netherlands, under the registration number (88136272), headquartered at Berkenlaan 246 4881xg Zundert, Noord-brabant, The Netherlands. Thereafter referred to as the “Seller”
- On the other hand, the “Client”
The following has been expounded and agreed upon:
The Seller notably performs the sale of goods to the client through the website www.scheherazad.com (thereafter referred to as the “Site”). The list of goods offered for sale online by the Seller can be consulted on the Site available at (www.scheherazad.com).
Both Parties agree that their relationships shall be governed exclusively by this contract, to the exclusion of any other condition previously available on the Seller’s Site.
The Seller reserves the right to modify these Terms and Conditions at any time by publishing an updated version on the Site. The Terms and Conditions that apply are those that were current at the time the order was validated.
Both Parties agree that the photographs of the Goods for sale on the www.scheherazad.com Site have no contractual value.
ARTICLE 1 – DEFINITIONS
For the purposes of interpreting and executing these Terms and Conditions, the terms and phrases listed below, when they begin with a capital letter, refer to:
- “Item”: the Good or Goods that make up the Order.
- “Good”: any product offered for sale on the Site.
- “Order”: the request of Goods or Services made by the Client to the Seller.
- “Terms and Conditions”: the terms and conditions that are hereby defined.
- “Contract”; the present agreement, including its preamble and annexes, as well as any amendment, substitution, extension or renewal relative to these Terms and Conditions.
- “Delivery Time”: the length of time between the date of the Order Validation and the date of the Delivery of the Order to the Client.
- “Shipping Charge”: the fee covering the expenses incurred by the Seller to dispatch the Order to the Delivery address indicated by the Client.
- “Delivery”: the shipment of the Item to the Client.
- “Delivery Method”: any standard or express delivery method offered on the Site at the time the Order is placed.
- “Price”: the unit value of a Good or Service; this value is inclusive of VAT, but exclusive of Shipping Charge.
- “Total Price”: the combined total of the Prices of the Goods and Services that make up the Order; this amount is inclusive of VAT.
- “Order Total”: the sum of the Total Price and of the Shipping Charge; this amount is inclusive of VAT.
- “Site”: the “www.scheherzad.com” website, used by the Seller for the purpose of selling its Goods and / or Services to the Client,
- “Online Sale”: the retailing of the Seller’s Goods and Services via the Site.
References to Articles are references to the articles of the present Contract, unless otherwise specified. Words importing the singular shall include the plural and vice versa. Words importing one gender shall include the other and vice versa.
SCHEHERAZAD reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that SCHEHERAZAD will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that SCHEHERAZAD will have no obligation to provide you with any support in connection with its Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by SCHEHERAZAD or SCHEHERAZAD'S Suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.
Third-Party Links & Ads; Other Users
Third-Party Links and Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links and Ads are not under the control of SCHEHERAZAD, and SCHEHERAZAD is not responsible for any Third-Party Links & Ads. Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, www.scheherazad.com uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimise the users’ experience by customising our web page content based on visitors’ browser type and/or other information.
2. Disclaimers
1.1 On our Website you can purchase our products via our online distribution channel. The online purchase of our products and the use of our website are available to consumers only. We accept orders from entrepreneurs or legal entities or bodies and we retain the right to refuse orders that are meant for the resale of products by an unauthorized distributor and/or distribution channel (drop shipping included).
1.2 Information on our products can be found on our website. We try to make sure that all information on the website is complete and correct. However, please be aware that possible inaccuracies can occur at the moment of placing your order. Subject to applicable law, we do not accept any liability for these inaccuracies.
1.3 We retain the right to change, add and delete information on our website at any time without prior notice being required.
1.4 When you place an order with us, you agree to these terms and conditions and to the rules governing the fair use of our website. When we detect any suspicious behaviour on our website, for example via oddities or irregularities with orders, fraudulent transactions, misuse of promotions and violation of the terms of having a customer account, we retain the right to investigate and take actions including, but not limited to, blocking (bank) accounts and/or payments, occasionally or permanently, or cancelling orders. The actions to be taken and when they should be taken are at our sole discretion.
1.5 We furthermore retain a protocol for situations as mentioned under clause 1.4. In case of a breach of SCHEHERAZAD Rules, we retain the right to add the individuals involved to our fraud database. We will only do so in compliance with the applicable data protections laws and regulations, including but not limited to the GDPR. We will process the personal data in relation to the fraud database on the ground of our legitimate interest, which is the protection and prevention from harm to our business, caused by fraudulent actions. Personal Data in the database will be retained for a period of 1 to 5 years maximum, depending on the gravity of the breach of the SCHEHERZAD Rules.
1.6 Please check our privacy policy with further information about our data processing practices and security measures.
1.7 All intellectual property on this website in respect of amongst other visuals, brand names, product descriptions and other communications included on this website is owned by us, the group of companies we belong to or our licensees. It is forbidden to publish, copy, use or multiply the contents of this website or parts there of in any way, unless permission to do so has been provided to you. You are allowed during your use of this website to copy information needed for your own personal use, such as information needed for your order.
Read more about our Disclaimer!
3. Placing An Order On Our Website
1.1 You can order products on our website by selecting them and placing them in your shopping cart. You can check the content of your cart before proceeding with your order. In your shopping cart you can make any adjustments to your order. Please be aware that products in your cart are not reserved for you until the order process is fully completed. If you find everything okay with your order, please enter and check your details in the order before confirming your order. After confirmation, please select a delivery method. The costs of delivery will be displayed to you on our website. You will then be directed to the payment process, where you can select and perform the payment via the method of your choosing. Once your payment has been processed, your order will be confirmed by us per email with an order number.
1.2 If you have selected delivery to your address, we will send you another email with the estimated delivery time(s).
4. Our Contract With You
1.1 Acceptance of your order will take place by email to you. Your order is final when we accept it and confirm delivery, at which point a contract will come into existence between you and us.
1.2 Circumstances can occur that effect the acceptance of orders. Subject to applicable law, we retain the right at all times to not accept orders and/or refuse delivery at any time at our own discretion.
1.3 If we are unable to accept your order, we will inform you of this by email and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product, because we are unable to meet a delivery deadline you have specified, or for other reasons.
1.4 All orders are subject to product availability and delivery. If any items are out of stock, we retain the right to inform you about alternative or similar items for purchase on our website. If you do not wish to purchase these items, we will refund any payments you have already made to us for the unavailable items. If an order can no longer be fulfilled due to circumstances beyond our control (force majeure), such as errors in availability and / or delivery, we will inform you of this within a maximum of 14 days after the date of your order and we may end the contract. We will provide you with a refund for any sums you have paid in advance for products which can no longer be provided to you.
5. Our Products
1.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. The packaging of the product may vary from that shown in images on our website.
1.2 The above does not affect your legal rights in relation to faulty or misdescribed products.
6. Limitation on Liability
To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. Company will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
7. Copyright Policy.
SCHEHERAZAD respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.
8. Price And Payment
1.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced on the website. The prices as displayed in your shopping cart is the check-out price. Subject to applicable law, we are not liable for or bound to prices that are evidently incorrect or erroneous.
1.2 If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may:
(i) charge you for the corrected price of the items, or (ii) if you don’t agree with the corrected price, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
1.3 We accept different payment methods:
• Credit card (MasterCard, VISA, American Express): Your credit card will be charged upon Order Confirmation.
• PayPal: You pay the invoice amount via the online provider PayPal. In general, you have to register or be registered with PayPal, enter your login details to confirm your identity and then confirm the payment instruction to us. You will receive further information during the order process.
• Online bank transfer by entering your bank account details you instruct your bank to transfer the amount.
9. General Terms
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us and/or by prominently posting notice of the changes on our site.
You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement.
All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorised or unauthorised users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief. A Notice to SCHEHERAZAD should be sent. After the Notice is received, you and we/us may attempt to resolve the claim or dispute informally. If you and we/us do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on our Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Complaints?
Should you have any complaints, please contact us via info@scheherazad.com
We shall do our utmost to reply to your complaint within 14 days of receipt. If more time is needed to formulate a response, we will inform you of the delay and our reasons.
10. Contact Information
Address:
Berkenlaan 246
4881xg Zundert
Noord-Brabant - The Netherlands
Email: support@scheherazad.com