TERMS OF SERVICE
Please read the following Terms of Service ("Terms") carefully before proceeding to use the SoulnSmell ("We, Us, Our, Ourselves") e-commerce platform ("Platform), which is hosted on Our Website (https://www.soulnsmell.com/).
By proceeding to use Our Platform, you ("the Customer") warrant that You have read and understood these Terms and agree to be bound by these Terms.
Our Privacy Policy, available on Our Website, is incorporated by reference into these Terms and is subject to these Terms. We may amend these Terms at any time without notice.
All amended Terms shall be effective automatically and immediately upon posting the revised Terms. Any subsequent activity about the Platform and SoulnSmell Store Social Media Channels shall be governed by such amended Terms of Service.
We encourage You to regularly visit Our Website to stay updated with any updates to these Terms.
If you do not agree with any of these Terms, please do not use Our Platform.
Alternatively, please e-mail us at: contact @soulnsmell.com
These Terms were last revised on 30 November 2022.
DEFINITIONS
The following definitions apply to these Terms:
1.1 "Applicable Data Protection Laws" shall mean all legislation, regulations or guidance notes in the United Arab Emirates protecting the fundamental rights and freedoms of individuals regarding their right to privacy with respect to the Processing of Personal Data.
1.2 "Blogs" shall mean Information and content produced by Us or Third Parties and hosted on our Website under the Blog tab. These Blogs are for general information purposes only.
1.3 "Customers" shall mean Customers who have visited the Website and transacted through the Platform to purchase products and goods from the SoulNSmell Store.
1.4 "Consent" shall mean any voluntary, specific and informed expression of will in which permission is given for personal processing information.
1.5 "Chatbot" shall mean the automated chat service available on the Website for Customers and Customers to obtain answers to frequently asked questions.
1.6 "Data Subject" shall mean the person to whom Personal Information relates.
1.7 "Electronic Signatures" shall mean data in electronic form attached to or logically associated with other electronic data and used by the signatory to sign.
1.8 "Products & Goods" shall mean any products, services or gifts listed for sale on Our E-commerce Platform.
1.9 "Gift Vouchers" shall mean pre-purchased vouchers which may be purchased and redeemed later by the voucher holder and in the amount for which the voucher was originally purchased.
1.10 "Intellectual Property" shall mean copyrights, all rights conferred under statute, common law or equity in relation to all inventions (including patents), registered and unregistered trademarks, registered and unregistered designs, circuit layouts, trade secrets, and confidential Information, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, including all rights to apply for any of the above.
1.11 "Operator" shall mean a person who Processes Personal Information for a Responsible Party in terms of a contract or mandate without coming under the direct authority of that party.
1.12 "Personal Information" shall mean Information relating to an identifiable, living, natural person, and where it is applicable and identifiable, existing juristic person, including, but not limited to :
Information relating to race, gender, sex, pregnancy, marital status, national, ethnic or social origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion, conscience, belief, culture, language and the birth of the person;
Information relating to the education or the medical, financial, criminal or employment history of the person;
Any identifying number, symbol, e-mail address, physical address, telephone number, location information, online identifier or other particular assignments to the person. The biometric data of the person :
The personal opinions, views, or preferences of the person
Correspondence sent by the person implicitly or explicitly of a private or confidential nature or further correspondence that would reveal the contents of the original correspondence.
The views or opinions of another individual about the person; and the person's name if it appears with other personal Information relating to the person or if the disclosure of the name itself would reveal Information about the person.
1.13 "Platform" shall mean the e-commerce platform accessible on the SoulnSmell Website and through which Customers in G.C.C. Area ( Kuwait - Saudi Arabia - Qatar, Bahrain - U.A.E., and Oman) may purchase Products & Goods.
1.14 "Process/Processing" shall mean any operation or activity or any set of functions, whether or not by automatic means, concerning personal Information, including the collection, receipt, recording, organization, collation, storage, updating or modification, retrieval, alteration, consultation or use; dissemination by means of transmission, distribution or making available in any other form; or merging, linking, as well as restriction, degradation, erasure or destruction of Information.
1.16 "Terms" shall mean these Terms of Service relevant to the Platform.
1.17 "Third-Party/ies" shall mean a natural or legal person, public authority, agency, or body other than the Data Subject, Controller, Processor and persons. They, under the direct authority of the Controller or Processor, are authorized to Process Personal Data.
1.18 "Customer" shall mean You, the visitor to the Website.
1.19 "Website" shall mean the SoulnSmell Website, available at https://www.soulnsmell.com/ and owned and operated by SOUL AND SMELL TRADING L.L.C. Company. The Website Is host to various articles, news, and Information, as well as an e-commerce Platform.
INTRODUCTION
SoulnSmell designs, develops, markets, and sells Coffee, Coffee Capsules and other related products/goods/services.
2.1 Our Products & Goods are marketed to G.C.C. Area citizens and are shipped locally and domestically.
2.2 none of our goods advertised on the Website are available for purchase and delivery outside the G.C.C area
2.3 Our Goods are purchasable directly from Us through our e-commerce Platform, integrated with our website at https://www.soulnsmell.com/.
THE WEBSITE
The Website is owned by SOUL AND SMELL TRADING L.L.C. and is used by Us to inform You of Our Products & Goods and provide further general Information about SoulnSmell and related Products & Goods.
3.1 Our Website also has an e-commerce store, competitions and chatbot functionality. Refer to the sections below for more Information in this respect.
3.2 The Website is provided "as is" and is used at Your own risk. We cannot offer any express or implied warranty or condition concerning that. However, We have the necessary security safeguards in place.
We will have no responsibility, for Your use of the Website, for any harm suffered by Your computer system, loss or corruption of data, or other harm that results from Your access to or use of the Website, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any loss or damage of any kind, however arising and whether caused by negligence, breach of contract or otherwise, even if foreseeable.
USE OF THE WEBSITE
Your usage of the Website constitutes Your acceptance of these Terms and Conditions and Your resultant obligations towards SoulnSmell, the Website's owner.
If You do not agree to these Terms and Conditions, you are not authorized to use either the Website.
You are encouraged to submit any questions regarding these Terms to:
4.1 We encourage open communication with You in all respects concerning Your Personal Information or Your use of Our Website.
To the best of Our knowledge, we do not process children's Personal Information, and this Website is not intended for use by children.
4.2 Therefore, by accessing these Terms and using either the Website, you warrant that You are over 18 and have the legal capacity to accept these Terms Yourself or on behalf of any party You represent in connection with Your use of the Website.
If You are under the age of 18 or you are not legally permitted to enter into a binding agreement, in that case, you may use the Website only with the involvement and supervision of Your parent or legal guardian.
If Your parent or legal guardian supervises You and gives his/her Consent, then such person agrees to be bound to these Terms and to be liable and responsible for You and all Your obligations under these Terms.
4.3 By accessing these Terms and using the Website, you warrant that You are the person to Whom the Personal Information relates, which Information is collected through Your use of this Website.
4.4 By accessing and using the Website, you warrant that You have read, understood and accepted the terms in Our Privacy Policy available on Our Website and that You Consent to Our Processing of Your Personal Information as per Our Privacy Policy.
4.5 You may not use the Website for any purpose that is unlawful or prohibited by these Terms, any applicable amended Terms, or any other conditions or notices made available on the Website. Unauthorized use of this Website may result in SoulnSmell instituting a claim for damages against You, and/or You may be found guilty of a statutory and/or criminal offence.
4.6 You may terminate Your obligations under these Terms by ceasing use of the Website if You do not agree to the Terms or any alteration. Your continued use of the Website after the amended Terms are effective is evidence that You have read, understood, and agreed to those amended Terms.
4.7 SoulnSmell reserves the right to withdraw or amend the Website without notice.
4.8 Every effort is made to ensure that the Website is operational. However, we take no responsibility for, and will not be liable for, the Website being temporarily unavailable due to technical issues beyond Our control.
4.9 We make no warranty that access to the Website will be uninterrupted. We may carry out maintenance or introduce new facilities and functions from time to time. You agree and accept that. As a result, specific interruptions and unavailability of the Website and/or services may occur.
CHATBOT
5.1 By accessing and using the Website, you also have access to Our Chatbot, a service application that enables You to interact with the Website via the Chatbot/assistant bot. Shopify facilitates our Chatbot services, and this Chatbot is exclusively designated for business use.
5.2. Our Chatbot contains various frequently asked questions and automated predetermined replies. Should You continue interacting with the Chatbot functionality, You may be directed to a SoulnSmell employee or representative.
5.3 You are notified whether You are conversing with Our automated Chatbot or a SoulnSmell employee or representative. Automated replies are marked as such under the reply, whereas SoulnSmell employees or representatives will identify themselves as such.
5.4 You warrant that You understand that the Chatbot is a chat functionality with certain limitations. Any recommendations or replies provided on the Chatbot are for general informational purposes. We expressly exclude any liability for any action We took based on such recommendations or Information. We make no promise that recommendations or Information shared with You will result in unique or desired outcomes, and We are not responsible for any decisions made by You or others regarding the direct or indirect impact of this Chatbot. The Chatbot is not a representative of any professional and/or Certified Advisor and/or Legal Practitioner.
LOGIN AND REGISTER FOR THE PLATFORM
6.1 Our e-commerce Platform is built on Shopify Inc, a trusted third-party e-commerce platform developer. In order to purchase any Products & Goods from Us, you must register as a new Customer or sign in if You have previously registered as a Customer on the Platform.
6.2 To register as a customer, you confirm that you are a natural person over 18. If You are under the age of 18 or if You are not legally permitted to enter into a binding agreement, then You may use the Platform only with the involvement and supervision of Your parent or legal guardian. If Your parent or legal guardian supervises You and gives his/her Consent, then such person agrees to be bound to these Terms and to be liable and responsible for You and all Your obligations under these Terms.
6.3 Registration and creation of an account require completing an application form, including submitting a valid e-mail address. Accordingly, we shall utilize the correct e-mail address provided by You to confirm Your registration and communicate with You regarding Your registration and orders placed.
6.4 You are responsible for providing Information in the application form that is true, accurate, up-to-date and always complete. Information found to be fake and misleading may result in the suspension or termination of the account and a refusal of all current and future use of the Platform.
6.5 By registering on the Platform, you agree to the following:
- that you will not select or use the name or e-mail address of another person with the intent to impersonate that person
- Use a customer name or e-mail address subject to the rights of any person without authorization
- Use a name in violation of the intellectual property rights of any person, or use a name that We, in Our sole discretion, deem inappropriate or offensive.
- You undertake not to disclose Your login credentials to any third party to ensure the account's security. Security of the account is solely Your responsibility, and SoulnSmell disclaims all liability. You are responsible for all activities (whether by You or others) under the account.
6.6 We may require you to change the login credentials at various times, and You agree that You will comply with such requests.
6.7 You will notify Us immediately of any unauthorized account use or another security breach. We assume no liability for any loss or damage arising from a third party's unauthorized use of Your password or account.
In the event of the security of an account being compromised, we reserve the right to suspend the Processing of any Personal Information and may deactivate compromised login credentials.
6.8 Any Customer accounts will be deactivated and prevented from purchasing any Goods through the Website. We shall notify the owners of any such deactivated Customer accounts and the process for creating a new or updating an existing Customer account.
6.9 You agree to refrain from registering and creating accounts using "bots" or other automated means.
7 TERMS FOR PURCHASING Products & GOODS ON THE PLATFORM
The Platform facilitates online purchases of Our Products & Goods line.
Conclusion of sales and availability of stock
7.1 Registered Customers may order Products & Goods, which We may accept or reject. Whether We accept an order depends on the availability of Products & Goods, the correctness of the Information relating to the Products & Goods (including without limitation the price) and receipt of payment or payment authorization by SoulnSmell for the Products & Goods.
NOTE: We will indicate the acceptance of Your order by delivering the Products & Goods to You or allowing You to collect them, and only at that point will an agreement of sale between You and SoulnSmell come into effect (the "Sale"). This is regardless of any communication from Us stating that Your order or payment has been confirmed. We will indicate the rejection of Your order by cancelling it and, as soon as possible, refunding You any amount already paid.
7.2 Before delivery or Your collection of the Products & Goods, you may cancel an order at any time, provided You do so before receiving a dispatch or delivery notice. After delivery or Your collection of the Products & Goods, you may return the Products & Goods only in accordance with Our Returns Policy which is available on the Website.
7.3 Placing Products & Goods in a Wish-list or shopping basket without completing the purchase cycle does not constitute an order for such Products & Goods, and as such, Products & Goods may be removed from the shopping basket if stock is no longer available or the price thereof might change without notice to You. You cannot hold SoulNSmell liable if such Products & Goods are not available or are not available at the particular price when You complete or attempt to complete the purchase cycle at a later stage.
7.4 You acknowledge that the stock of all Products & Goods on offer is limited and that pricing may change at any time without your notice. We will make all reasonable efforts to monitor stock levels and ensure that when stock is no longer available, offers are discontinued on the Platform. However, We cannot guarantee the availability of stock. When Products & Goods are no longer available after You have placed an order, we will notify You, and You will be entitled to a refund of any amount already paid by You for such Goods.
Payment Terms
8.1 We are committed to providing secure online payment facilities, and as such, we use a trusted third-party payment gateway facilitated through the Shopify Inc Platform. Additionally, all transactions are encrypted using SSL encryption technology.
8.2 Payment may be made for Products & Goods via the following methods (depending on their availability and/or Your eligibility to use such a method) :
- Debit: where payment is made by debit card, our payment gateway provider may require additional Information to authorize and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until the additional Information is received by Us and authorization is obtained for the amounts. If We do not receive approval, your order for the Products & Goods will be cancelled. You warrant that You are fully authorized to use the debit card supplied to pay for the Products & Goods. You also warrant that Your debit card has sufficient available funds to cover all the costs incurred due to the Products & Goods purchased on our Platform.
- Credit card: where payment is made by credit card, our payment gateway provider may require additional Information to authorize and/or verify the validity of payment. In such cases, we are entitled to withhold delivery until the additional Information is received by Us and authorization is obtained for the amounts. If We do not receive authorization, your order for the Products & Goods will be cancelled. You warrant that You are fully authorized to use the credit card supplied to pay for the Products & Goods. You also warrant that Your credit card has sufficient available funds to cover all the costs incurred as a result of the Goods purchased on our Platform.
You may contact Us via Our Contact Us page to obtain a complete payment record. We will also send You e-mail communications about Your order and payment.
Once You have selected Your payment method, you will be directed to a link to a secure site for payment of the applicable purchase price for the Products & Goods.
Delivery of Products & Goods
For more delivery information, please see Our Shipping and Returns Policy, which is available on Our Website and incorporated into these Terms by reference. Our delivery charges are subject to change at any time without prior notice to You, so please refer to the Policy for the most up-to-date Information. You will see the applicable delivery charges in Your cart when You check out.
9.1 Where We accept Your order, we will deliver the Products & Goods to You as soon as reasonably possible, but no later than 14 (fourteen) days of receipt of Your payment ("Delivery Period"). We will notify You if we cannot deliver the Products & Goods during the Delivery Period. You may then, within 7 (seven) days of receiving such notification, elect whether or not to cancel Your order for the Goods. If You elect to cancel Your order, we will reimburse You for the purchase price.
9.2 Our obligation to deliver any Products & Goods to You is fulfilled when We ship the Products & Goods to the physical address nominated by You for delivery of the order.
We are not responsible for any loss or unauthorized use of any Products & Goods after they are delivered to the physical address nominated by you
9.3 Errors: We shall make all reasonable efforts to accurately reflect the description, availability, purchase price and delivery charges of Products & Goods on the Website. However, should there be any errors of whatsoever nature on the Website (which are not due to Our gross negligence), We shall not be liable for any loss, claim or expense relating to a transaction based on any error, save – in the case of any incorrect purchase price – to the extent of refunding You for any amount already paid, or otherwise as set out in the Refunds Policy.
We shall not be bound by incorrect information regarding our Products & Goods displayed on third-party websites.
9.4 Gift Vouchers: From time to time, we may make physical or electronic Gift Vouchers and promotional coupons or discounts ("Coupons") available for use on the Website to purchase Goods. Gift Vouchers and Coupons can only be redeemed while they are valid, and their expiry dates cannot be extended. More specifically:
Gift vouchers registered. Customers' purchases are valid for one year from the date of purchase. Gift vouchers we give away for free are valid for the period stated thereon. In each case, it will expire if your Gift Voucher has not been used within that period.
Gift Vouchers cannot be used to buy other Gift Vouchers or Coupons. They do not accrue interest and are not refundable for cash once purchased or otherwise obtained. If Your Gift Voucher value is less than the amount required to cover the total order You wish to place, you may make up the difference by paying via one of our other payment methods.
We are not responsible for any harm due to the loss, unauthorized use, or unauthorized distribution of a Gift Voucher after the Gift Voucher has been delivered to You or to the e-mail address nominated by You.
9.5 Returns:For more Information about returns, please see Our Shipping and Returns Policy, which is available on Our Website and incorporated into these Terms by reference.
PRIVACY AND THIRD-PARTY ACCESS
10.1 We are entrusted with responsibly and lawfully handling, storing and Processing the Personal Information and data that We collect through the Website, and We agree to use Your Personal Information in accordance with Our Privacy Policy, and the Terms set out herein. By using the Website, you warrant that You have read and understood Our Privacy Policy and that You Consent to such use, storage, and Processing of Your Personal Information. Our Privacy Policy is accessible on Our Website.
If You elect to submit Personal Information through the Website, such Personal Information will be handled in accordance with Applicable Data Protection Laws.
10.2 If We are required to provide a Third-Party with Your Personal Information (whether by a subpoena or otherwise), We will use reasonable means to notify You promptly of that event (on condition that We have collected and retained an e-mail address for You) unless such notification is prohibited by law, or We are otherwise advised not to notify You by legal counsel.
10.3 We will not disclose Your Personal Information to any Third Party other than Our Operators, who are authorized to Process Your Personal Information on Our behalf in accordance with Our Privacy Policy. You can access Our Privacy Policy on Our Website. Any other disclosure of Your Personal Information will only occur in accordance with Applicable Data Protection Laws.
10.4 To provide Our Website and services to You, You acknowledge and agree that We depend on Third Party services providers, being Our Operators, including but not limited to those assisting Us with Our Website functionality and analytics, payment, services and delivery services. Accordingly, you agree that We shall not be liable for any failures to render the services attributable to such Third Parties.
INTELLECTUAL PROPERTY
11.1 All rights in and to the Website and the content on the Website, including copyright, design rights, database rights, trademarks, patents, inventions, know-how, source codes and any other Intellectual Property rights in any of the foregoing, are reserved for SoulnSmell and/or Our content and technology providers.
11.2 SoulnSmell’ S logo displayed is subject to copyright and trademark protection. The text, images, graphics, and their arrangement on the Website are all subject to copyright and other Intellectual Property protection. These objects may not be copied for commercial use or distribution (unless otherwise indicated), nor may these objects be modified or reposted to other websites without written Consent.
11.3 The Website contains additional text, images, and graphics that are subject to the copyright of Third Parties, and You agree not to use such materials in a manner that violates the rights of such Third Parties.
11.4 You may not (and may not authorize another party to): frame or otherwise co-brand the Website (for example, by displaying a name, logo, trademark or other means of attribution) in a manner that is reasonably likely to give a Customer the impression that You or a Third-Party has the right to display, publish or distribute the Website.
11.5 No license to SoulnSmell’ S s Intellectual Property or the Intellectual Property of Third Parties has been granted to You unless otherwise indicated.
11.6 You may view, download and print content from the Website for information purposes only.
11.7 You may not modify the paper or digital copies of any materials You have printed or downloaded from the Website.
11.8 You may not use any part of this website's materials for commercial purposes without obtaining a license from SoulnSmell or Our licensors.