Smellies Terms of Service
Welcome to Smellies. Please read these Terms of Service (“Terms”) carefully before using our website (www.smellies-scents.com) or purchasing any products. Your use of our Site and purchase of products constitutes your agreement to these Terms.
1. Introduction
These Terms govern your access to and use of all content, products, features, and services offered by Smellies (“we”, “us”, “our”).
2. Orders and Payment
- All prices are in Canadian Dollars (CAD) unless noted otherwise.
- Orders may be refused or cancelled at our discretion, including for suspected fraud, errors, legal restrictions, or supply limitations.
- Once placed, orders are final and cannot be canceled or modified, except as required by law.
3. Shipping, Delivery & Restrictions
- Free shipping in Canada on orders $100+ CAD and in the U.S. on orders $125+ CAD; otherwise, shipping rates apply based on location and weight.
- Shipping estimates are provided at checkout but are not guarantees. Customs processing, carrier delays, trade disruptions, and duties/taxes are outside our control.
- Smellies is not liable for delays, fees, losses, or damages arising from cross-border shipment, customs, or trade policy changes.
- Certain products (including matches) may be classified as hazardous goods and cannot be shipped to some regions or by certain methods. We reserve the right to cancel or amend orders in compliance with shipping and safety laws.
4. Product Use & Safety
- Smellies’ products—including candles and matchboxes—are flammable and intended only for responsible adult use.
- By purchasing, you represent that you are of legal age in your jurisdiction and understand all associated risks.
- Use all products strictly as directed. Never leave burning candles or lit matches unattended. Keep all products away from children and pets.
- Burn candles on stable, heat-resistant surfaces, far from flammable objects.
- We are not responsible for injury, loss, or damage caused by misuse, abuse, or failure to follow any instructions or warnings provided with our products.
- Customers agree to follow all safety notices, recalls, and advisories issued by Smellies or regulatory authorities.
5. Returns & Refunds
- Please review our Returns Policy, which forms part of these Terms.
- Returns are accepted within 7 days of delivery for unused, unopened products (excluding shipping). Custom, sale, and discounted items (including those purchased with discount codes) are non-refundable.
- Buyer is responsible for return shipping, tracking, and any loss or damage in transit.
6. Product Information & Availability
- We strive for accuracy but do not guarantee that product descriptions, pricing, imagery, or other information is complete or error-free.
- We reserve the right to modify, discontinue, or withdraw products at any time without notice.
7. User Accounts & Security
- If you create an account, you are responsible for safeguarding your information and all activities under your account. Notify us immediately of any unauthorized use.
8. Intellectual Property
- All content on this Site (including images, branding, copy, and website design) belongs to Smellies or licensors. No content may be used, reproduced, or distributed without express written permission.
9. Third-Party Links & Integrations
- We may provide access to third-party tools or websites; we are not responsible for their content, privacy, terms, or operations.
10. Privacy
- Please review our Privacy Policy for details on data handling and your rights. By using our Site, you consent to receiving digital communications regarding safety, recall, or order-related matters.
11. Limitation of Liability—Product & Use
- TO THE FULL EXTENT PERMITTED BY LAW:
- SMELLIES AND ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES—INCLUDING, BUT NOT LIMITED TO, INJURY, FIRE, PROPERTY DAMAGE, OR LOSS OF BUSINESS—ARISING FROM THE USE, MISUSE, OR INABILITY TO USE OUR PRODUCTS OR SITE.
- OUR AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT AT ISSUE.
12. Indemnification
- You agree to indemnify and hold harmless Smellies from all claims, damages, losses, liabilities, and costs (including legal fees) arising from your breach of these Terms, misuse of products, or violations of law.
13. Force Majeure
- Smellies is not responsible for delays or failures caused by circumstances beyond our reasonable control, including but not limited to acts of God, war, trade disruptions, natural disasters, strikes, or global emergencies.
14. Governing Law & Dispute Resolution
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein. All disputes must be resolved exclusively in the courts of Quebec, unless prohibited by law.
15. Changes to Terms
- We may update these Terms at any time. The effective date of the latest version is posted above. Continuing to use our Site or purchase from us means you accept the current Terms.
Contact Us
For questions or concerns regarding these Terms, contact hello@smellies-scents.com.
