Terms and Conditions

Welcome to our website where we provide information for the benefit of people with smell disorders, carers, health and social care professionals and others with an interest in smell disorders. By using this website, you are agreeing to these terms and conditions of use, which together with our Privacy Policy govern AbScent’s relationship with you. If you disagree with any part of these terms and conditions, please do not use our website.

The terms ‘AbScent’ ‘us’ or ‘we’ refer to the owner of the website: ABSCENT

AbScent is a limited company registered in England, Company Number 11523615
Our Registered Charity number is 1183468
Registered Office: 14 London Street, Andover, Hampshire SP10 2PA

The term ‘you’ refers to any viewer of our website, or anyone who purchases products or services from us through the website or directly from us. You must be over 13 to use our website.

Using our website

Much of the material on our website is free to use and can be accessed by anyone. However, for some purposes, including to protect personal privacy and to allow us to support research, we have set up a private Registered Users area.

To become a Registered User, you must either pay an annual membership fee or provide your patient story to the Sense of Smell Project, a citizen science research project looking at smell disorders. Please refer to our Privacy Policy for information on how we use and protect any data you may give us.

Registered Users have access to a password-protected area of the website. A Registered User can submit content and communicate with other Registered Users. Registered Users are required to keep all their account information including their password confidential, and should not share this information with any other person. We reserve the right to stop you from using the website, accessing the Registered User areas and/or contacting other Registered Users without notice if you fail to comply with any of our terms and conditions.

Service access

While we endeavour to ensure that the website is normally available 24 hours a day, we shall not be liable if for any reason the website is unavailable at any time or for any period.

Access to the website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Licence

You are permitted to print and download documents and extracts from the website for your own use on the following basis:

– no documents or related graphics on the website are modified in any way;

– no graphics on the documents or website are used separately from the corresponding text; and

– our copyright and trade mark notices and this permission notice appear in all copies.

Unless otherwise stated, the copyright and other intellectual property rights in all documents and other material on the website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of this legal notice, any use of the documents and/or extracts from the website (other than as set out above) for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use the documents and/or website automatically terminates and you must immediately destroy any downloaded or printed document and/or extracts from the website.

Any rights not expressly granted in these terms are reserved.

Using our online shop

We offer products and services that we believe will help those with smell disorders, but make no guarantee or warranty that they will be effective. We always recommend that anyone with a smell disorder seek appropriate medical advice.

For full terms relating to your purchase, please see below.

Intellectual Property

We reserve all intellectual property rights relating to this website and our business.

You may use the material contained on the website freely for your own non-commercial home use. So, for example, you may download, copy or print pages on the website to help you understand the disorder or suggested therapy.

Any other use, including commercial use, publication, transmission, adaptation, storage or distribution of our content, user-generated content, logo, graphics or any other material is strictly forbidden without our express permission. Please contact us if you are unsure what you can use and how.

Visitor material and conduct

In the future, we hope to have a forum or other feature where members can contribute and upload information. Other than personally identifiable information, which is covered under our Privacy Notice here, any material you transmit or post to the website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

You are prohibited from posting or transmitting to or from the website any material:

that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or

for which you have not obtained all necessary licences and/or approvals; or

which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or

which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse the website (including, without limitation, by hacking).

We reserve the right to take down, refuse to upload any material which we believe, in our absolute discretion, is in breach of these conditions of use. We reserve the right to cancel or suspend your membership at all any.

We shall fully co-operate with any law enforcement authorities or court order requesting or directing we to disclose the identity or locate anyone posting any material in breach of this clause.

Disclaimer

We do our best to provide useful information, but nothing in this website is intended to constitute professional advice for medical diagnosis or treatment. We always recommend that anyone with a smell disorder seek appropriate medical advice. It is your own responsibility to ensure that any products, services or information available through this website meet your specific requirements and that they are used in accordance with our instructions. Please contact us if you have any queries.
We make no warranty or guarantee in relation to any information, data, text, graphics, links, code or other material available on the website, and will not be liable to you for any loss or damage arising in connection with your use of the site.
If you wish to access material through a link on our site this is entirely at your own risk. Some information is supported by links to scientific research articles which may be behind a paywall: liability for any related costs is entirely your own. We make no representations as to the suitability or accuracy of any linked information, and you should be careful to check how any third-party site may use your data.

Liability

Subject to the following paragraphs, we, any other party (whether or not involved in creating, producing, maintaining or delivering the website), and our officers, directors, employees, shareholders or agents, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the website in any way or in connection with the use, inability to use or the results of use of the website, any websites linked to the website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the website or your downloading of any material from the website or any websites linked to the website.

Nothing in this legal notice shall exclude or limit our liability for:

death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977;
fraud;

- breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
- defective products under the Consumer Protection Act 1987 or

any liability which cannot be excluded or limited under applicable law.

Where we accept liability in respect of any goods, our liability shall at all times be limited to the cost of any goods purchased through our website.

Links to and from other websites

Links to third party websites on the website are provided solely for your convenience. If you use these links, you leave the website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the website, you do so entirely at your own risk.

Changes to terms and conditions

We reserve the right to change these Terms and Conditions. Please review them regularly to ensure you are aware of any changes. Your continued use of the website after changes are posted means you agree and are legally bound by them.

Governing Law

These Terms and Conditions shall be governed by the laws of England and any dispute arising shall be subject to the exclusive jurisdiction of the English courts.

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Our terms of purchase of goods

These terms
1. What these terms cover. These are the terms and conditions on which we supply products to you.
2. Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
Information about us and how to contact us
1. Who we are. We are AbScent a company registered in England and Wales. Our company registration number is 11523615 and our registered office is at 14 London Street, Andover, Hampshire SP10 2PA.
2. How to contact us. You can contact us by writing to us at info@abscent.org.
3. How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
4. “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
Our contract with you
1. How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
2. If we cannot accept your order. If we are unable to accept your order, we will inform you of this 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 we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3. Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
Our products
1. Products may vary slightly from their pictures. 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. Although we have made every effort to be as accurate as possible, because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are illustrative only.
2. Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
3. We guarantee that on delivery and for a period of 4 (four) months from delivery, the products shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 4.4
4. This guarantee does not apply to any defect in the products arising from: fair wear and tear; wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;if you fail to operate or use the products in accordance with any user instructions.
5. This guarantee is in addition to your legal rights in relation to the products that are faulty or not as described. See clause 11 below.
Your rights to make changes
1. If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
1. Minor changes to the products. We may change the product:
  1. to reflect changes in relevant laws and regulatory; and
  2. to implement minor technical adjustments and improvements. These changes will not affect your use of the product.
2. More significant changes to the products and these terms. In addition, we may changes to these terms or the product, but if we do so we will notify you.
Providing the products
1. Delivery costs. The costs of delivery will be as displayed to you on our website.
2. When we will provide the products. If the products are goods we will deliver them to you as soon as reasonably possible.
3. We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
4. If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
5. When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us.
6. When you own goods. You own a product which is goods once we have received payment in full.
7. Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
  1. deal with technical problems or make minor technical changes;
  2. update the product to reflect changes in relevant laws and regulatory requirements;
  3. make changes to the product as requested by you or notified by us to you (see clause 6).
8. We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 12.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments (see clause 12.5).
Your rights to end the contract
1. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
  1. If what you have bought is faulty or mis-described you may have a legal right to end the contract, see clause 11;
  2. If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
  3. If you have just changed your mind about the product, see clause 8.3. Our products are sealed for health protection and/or hygiene purposes. Therefore they are excluded under the cancellation rights afforded by the Consumer Contracts Regulations 2013.
2. Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided. The reasons are:
  1. we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
  2. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
  3. there is a risk that supply of the products may be significantly delayed because of events outside our control;
  4. we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one month; or
  5. you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.8).
3. Exercising your right to change your mind (Consumer Contracts Regulations 2013). Our products are sealed for health protection and/or hygiene purposes. Therefore they are excluded under the cancellation rights afforded by the Consumer Contracts Regulations 2013. See clause 8.4 below.
4. When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
  1. services, once these have been completed, even if the cancellation period is still running;
  2. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  3. any products which become mixed inseparably with other items after their delivery.
How to end the contract with us
1. Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either return the goods in person to where you bought them, post them back to us at the address above. All products to be returned to us MUST be properly packaged. If they are damaged in transit back to us, we will not accept them.
2. When we will pay the costs of return. We will pay the costs of return:
  1. if the products are faulty or mis-described.
  2. In all other circumstances we will not accept the return of the products.
3. How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment.
4. When your refund will be made. We will make any refunds due to you as soon as possible.
Our rights to end the contract
1. We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
  1. you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due.
2. We may withdraw the product. We may write to you to let you know that we are going to stop providing the product.
If there is a problem with the product
1. How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can write to us at info@abscent.org or at the address given above.

Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rightsThis is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.If your product is goods, for example the Smell Training Kit, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:a) Up to 30 days: if your goods are faulty, then you can get an immediate refund.b) Up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.See also clause 8.3.

Price and payment
1. Where to find the price for the product. 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. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
2. We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
3. What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
4. When you must pay and how you must pay. You will pay for your goods via a third party payment company.
  1. For goods, you must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you.
5. We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Nat West from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
6. What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
Our responsibility for loss or damage suffered by you
1. We are responsible to you for foreseeable loss and damage caused by us. 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.
2. 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; for breach of your legal rights in relation to the products as summarised at clause 11.2; and for defective products under the Consumer Protection Act 1987
3. We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
How we may use your personal information

How we may use your personal information. We will only use your personal information as set out in our PRIVACY POLICY.

Other important terms
1. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms.
2. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
3. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
4. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.