The Olfactive Society – T&Cs proposed August 2022

The Olfactive Society is a loyalty program launched and administered by Penhaligon’s Limited (Penhaligon’s, we, us, our).  We refer to this loyalty program in these terms and conditions as the Program.

These Terms and Conditions therefore tell you who we are, how your membership of the Loyalty Program 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.

1. ABOUT US

Penhaligon’s 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 inquiry relating to your membership of the Program, 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 see our Contact Us page or send us an email to [[email protected]]

3. THESE TERMS
   1. Your participation in The Olfactive Society loyalty Program (referred to in these terms as the Program) is governed by these Terms and Conditions (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. Please read these Terms carefully. You should print and keep a copy for future reference.
   3. By participating in the Program, you agree to these Terms, the Privacy Policy and Cookies Policy, each as amended from time to time.
   4. Penhaligon’s may cancel, withdraw or alter the Program, including these Terms, or any individual account, for any reason or no reason, at any time in our sole discretion. Unless we notify you otherwise, any amended Terms will be effective immediately and your continued participation in the Program 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 Program. If you do not agree with the Terms, you must stop using our site and the program immediately and contact us at [[email protected]] to unsubscribe your account.
   5. The Program 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 PROGRAM
   1. Customers can become a member of the Program 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 enroll you in the Program.
   2. You can unsubscribe at any time by selecting unsubscribe at the bottom of our emails or contact our customer care team. When unsubscribing, you will be removed from the Program and will no longer have access to the Program’s stated benefits or receive marketing email communications.
5. Using your membership
   1. Membership of the Program allows members of the Program to receive exclusive treats, offers and benefits together with newsletters (together referred to as the Program Benefits in these terms and conditions). Program benefits will be exclusively communicated to Program members via email.
   2. Please note specific Program 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 Program Benefit when this is notified to you.
   3. Program Benefits are personal you and cannot be pooled with Program Benefits available to another member of the Program and used together.
6. YOUR RIGHT TO CHANGE YOUR MIND AND OUR PENHALIGON’S PROMISE

1. 1. 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 US , the Penhaligon’s Promise. Full details of our Penhaligon’s Promise for the  US can be found here [insert hyperlink].
   2. For deliveries to addresses in  the US, we offer the L’Artisan Money Back Guarantee.  Full details of the L’Artisan Money back Guarantee can be found here.
   3. Although the Penhaligon’s Promise and the L’Artisan Money Back Guarantee are more generous than your statutory rights as a consumer under US law we have extended these even further for our Program Members as highlighted in the table below.

1. 4. Therefore, if you are a member of the Program 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.
   5. 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.
   6. 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.

1. 7. Membership of the Program 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.
   8. We reserve the right to change or withdraw any benefits of the Program or suspend or terminate the Program at any time at our sole discretion and for any reason or no reason.  Changes may result in a reduction in the value of Program Benefits already accumulated, and may also result in forfeiture of Program Benefits or other accrued value associated with the Program.
   1. We reserve the right to immediately suspend or terminate your membership of the Program, for any reason or no reason, at any time in our sole discretion, including but not limited to the following:

6. • if we believe that you have breached these Terms and Conditions;
   • 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 in a manner that we determine risks bringing us or our affiliates into public hatred, public disrepute, contempt, scorn, or ridicule, or that will tend to shock, insult or offend the community or public morals or decency or prejudice us or our affiliates.
7. other BENEFITS offered by the Program and specific terms
   1. The below Benefits are currently offered by the Program but are subject to change and may be revoked, changed or substituted by us at any time without notice in our sole discretion.

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

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

If you need to change any of the details you provided when enrolling in the Program 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
    1.  BY PARTICIPATING IN THE PROGRAM, YOU AGREE THAT PENHALIGON’S AND ITS AFFILIATES AND SUBSIDIARIES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PROGRAM BENEFIT. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND PENHALIGON'S CONTROL, INCLUDING WITHOUT LIMITATION, ANY ACT OF GOD, ACT OF WAR, NATURAL, DISASTER, WEATHER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY. THIS SECTION WILL SURVIVE TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM.
    2. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY LOSS, COST, DAMAGE, OR OTHER INJURY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THESE PROGRAM TERMS AND CONDITIONS OR OTHERWISE RELATING TO THE PROGRAM, IN AN AMOUNT GREATER THAN FIFTY UNITED STATES DOLLARS (USD $50.00) OR THE MOST LIMITED AMOUNT PERMITTED BY LAW, WHICHEVER IS GREATER.
    3. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, OR SIMILAR DAMAGES OR COSTS ARISING OUT OF OR IN CONNECTION WITH THESE PROGRAM TERMS AND CONDITIONS OR OTHERWISE RELATING TO THE PROGRAM, EVEN IF THE RELEASED PARTIES WERE ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS.
    4. IN A JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE AGGREGATE LIABILITY OF THE RELEASED PARTIES SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.
    5. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED BY PENHALIGON’S IN WRITING, THIS PROGRAM, YOUR PARTICIPATION THEREIN, AND ALL BENEFITS AND OFFERS ASSOCIATED THEREWITH ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OR GUARANTIES OF ANY KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. General
    1. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
    2. 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 in writing.
    3. Each clause of these Terms and Conditions are 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.
    4. If we do not insist that you perform any of your obligations under these Terms and Conditions 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.
    5. These Terms and Conditions are governed by the laws of the State of New York, and the federal and state courts situated in New York City, New York shall have non-exclusive jurisdiction to hear any dispute or claim arising out of or in connection with these Terms and Conditions.