The Olfactive Society – T&Cs proposed August 2022

The Olfactive Society is a loyalty scheme launched and administered by Penhaligon’s Limited (Penhaligon’s, we, us, our).  We refer to this loyalty scheme in these Terms and Conditions as the Scheme.

These Terms and Conditions tell you who we are, how your membership of the Scheme will operate, how you and we may change or end your membership, what to do if there is a problem and other important information.

Please read these Terms and Conditions carefully before applying for membership. We recommend that you print and retain a copy for future reference.

These Terms and Conditions were published on [12/12/22] and have not been modified since.

1. ABOUT US

Penhaligon’s Limited is a limited company registered in England and Wales under company number 02110619 and our Registered Office Address is at 3rd and 4th Floor, 1 Cathedral Piazza, 123 Victoria Street, London, SW1E 5BP.

2. HOW TO CONTACT US

If you have any enquiry relating to your membership of the Scheme, or if you think there is a mistake in these Terms and Conditions or if there is anything you do not understand, please contact us using the details found on our Contact us page or send an email to [email protected]

3. THESE TERMS
   1. Your participation in The Olfactive Society loyalty scheme (referred to in these Terms and Conditions as the Scheme) is governed by these Terms and Conditions (referred to as the Terms), which should be read alongside, and in addition to, our Terms and Conditions, Privacy Policy, Cookie Policy and Terms of Website Use.
   2. By participating in the Scheme, you agree to these Terms, the Privacy Policy and Cookies Policy, each as amended from time to time.
   3. Penhaligon’s can cancel, withdraw or alter the Scheme, including these Terms, or any individual account, at any time. Unless we notify you otherwise, any amended Terms will be effective immediately and your continued participation in the Scheme after the amended Terms are posted on our website constitutes your acceptance of the changes. We therefore suggest that you review the Terms regularly in order to understand the terms and conditions that apply to the Scheme. If you do not agree with the Terms, you must contact us at [email protected] immediately.
   4. The Scheme is for personal use only. Business use is strictly prohibited. We reserve the right, at any point, to determine whether a transaction constitutes business usage.

4. becoming a member of THE SCHEME
   5. Customers can become a member of the Scheme by subscribing to our newsletter. When subscribing to our newsletter, we will ask for some personal information, including your name, date of birth (for birthday reward offers) and contact details. In particular, we need your email address in order to send the newsletter and other communications to you. When submitting your email you are confirming that this is your valid email address. We will then enrol you in the Scheme.
   6. You can unsubscribe at any time by clicking the link located in the email footer or contact the Customer Care team. When unsubscribing, you will be removed from the Scheme and will no longer have access to the Scheme’s stated benefits or receive marketing email communications.
5. Using your membership
   7. Membership of the Scheme allows members to receive exclusive treats, offers and benefits together with newsletters (together referred to as the Scheme Benefits in these Terms). Scheme Benefits will be exclusively communicated to Scheme members via email.
   8. Please note specific Scheme Benefits are redeemable only with purchases of our products which are made in accordance with the terms of that benefit. Therefore please check any terms which are communicated in conjunction with any Scheme Benefit when this is notified to you.
   1. Scheme Benefits are personal you and cannot be pooled with Scheme Benefits available to another member of the Scheme and used together.

6. YOUR RIGHT TO CHANGE YOUR MIND AND OUR PENHALIGON'S PROMISE

1. 10. We offer our customers who are purchasing as consumers (excluding business accounts and business customers) who purchase products through our website for delivery to addresses in the UK and Europe, the Penhaligon’s Promise. Full details of our Penhaligon’s Promise for the UK can be found here and, within the EU, here
   11. Although the Penhaligon’s Promise is more generous than your statutory rights as a consumer under UK law we have extended these even further for our Scheme Members as highlighted in the table below.

1. 50. Therefore, if you are a member of the Scheme and either the Penhaligon’s Promise or the L’Artisan Money Back Guarantee applies, you can change your mind and return your online order at any time within 90-days from the date of delivery of your order.

1. 1000. However, if the Penhaligon’s Promise or the L’Artisan Money Back Guarantee do not apply, you can only change your mind and return your online order within 14-days after the day the order was delivered to you (or if delivered in instalments, 14-days after the day the last instalment was delivered). To cancel any purchase made please see here
   14. Please note you also have statutory rights in relation to the products as a consumer which are not affected by the Penhaligon’s Promise or the L’Artisan Money back Guarantee.
   15. Membership of the Scheme does not have an expiry date but you can cancel your membership at any time either by unsubscribing from our newsletter or by contacting Customer Services see paragraph 2 above.
   16. We reserve the right to change or withdraw any benefits of the Scheme or suspend or terminate the Scheme at any time at our sole discretion and for any reason.
   17. We reserve the right to immediately suspend or terminate your membership of the Scheme, for any reason, including but not limited to the following:

6. • if we reasonably believe that you have breached these Terms;
   • if there is any theft from or misconduct in connection with us by you or on your behalf;
   • if you have provided us with false or misleading information; and/or
   • if we consider you have acted improperly or in an abusive, defamatory, criminal, or offensive way to any other member or to our staff or otherwise.
7. other BENEFITS offered by the Scheme and specific terms
   18. The below Scheme Benefits are currently offered by the Scheme but are subject to change and may be revoked, changed or substituted by us at any time without notice.

1. 19. In addition to the Benefit specific terms set out above, the following terms apply to all Scheme Benefits:

7. • The Scheme is currently only open to customers shopping in the UK and EU and in Penhaligon’s owned stores or at https://www.penhaligons.com/uk/en.
   • Scheme Benefits cannot be used at Penhaligon’s concessions, outlets,  partnerships,  airport locations or non-UK stores.
   • To redeem a Scheme Benefit, present your email in-store or add the code at checkout when buying online.
   • Scheme Benefits are subject to availability and change. Penhaligon’s also reserve the right to substitute, withdraw, alter or amend any Scheme Benefit, or the terms of receiving any Scheme Benefit, at any time without notice.
   • Scheme Benefits cannot be used in conjunction with any other offer, promotion or discount code unless expressly stated otherwise.  
   • Scheme Benefits are non-transferable, non-exchangeable and have no cash value. They are not valid on previous purchases. 
   • Items purchased using a Scheme Benefit are for personal, non-commercial use and cannot be resold or commercialised in any way. 
   • Where a member has received a Scheme Benefit as part of a qualifying purchase, Penhaligon’s will only accept returns of the qualifying products with the return of the accompanying Scheme Benefit. 
8. Changes to your details

If you need to change any of the details you provided when enrolling in the Scheme please contact Customer Services (see paragraph 2 above).

9. DATA PROTECTION

Your email address will be used only to send you Penhaligon’s newsletters, product information, events and offers. For further information on how Penhaligon’s process and use your data please see our Privacy Policy.

10. our liability
    20. We are responsible for loss or damage you suffer that is a foreseeable result of our breach of any contract with you or our negligence, but we are not responsible for any loss or damage that is not foreseeable.
    21. Loss or damage is foreseeable if the loss or damage was an obvious consequence of our breach or if they were contemplated by you and us at the time we accept your order. In those circumstances our sole liability will be to credit your Account in line with the benefits outlined in our terms. 

10. 5. We do not in any way exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation or for any breach of any terms implied by law.
11. legal rights

As a consumer you have legal rights in relation to services that are not carried out with reasonable care and skill. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office. Nothing in these Terms (or our other policies) will affect these legal rights.

12. General
    23. This contract is between you and us. No other person shall have any rights to enforce any of its terms.

1. 10. We may transfer our rights and obligations under any contract with you to another organisation. We will tell you in writing if this happens. You must not transfer any of your rights and obligations under any contract unless we agree.

1. 25. Each clause of these Terms is separate and if any court or relevant authority decides that any of them are unlawful or unenforceable, the other clauses will remain in full force and effect.
   26. If we do not insist that you perform any of your obligations under these Terms or where we do not enforce or delay enforcing our rights, that will not mean that we have waived our rights nor that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
   1. These Terms are governed by English law and the English courts shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms and Conditions. This means you may bring a claim to enforce your consumer protection rights in connection with these Terms in England or if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a resident of Scotland, you may also bring proceedings in Scotland.