TERMS AND CONDITIONS

HOMESCENT BY EVA’ (“HOMESCENT BY EVA” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the “T&C”). Please read the T&C carefully before placing any orders on www.homescentbyeva.com. We recommend you should keep a copy of the T&C for future reference.

HOMESCENT BY EVA is a trading name of LUX MANSION INTERIORS LIMITED, a company registered in Kenya as PVT-V7UQPAZ as a limited company. KRA PIN number P051952347L

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the T&C and our Privacy Policy. If you are under 16 you must let your parent or guardian know about HomeScent by Eva’s Privacy Policy before you register to use this Site or any of this Site’s services. We reserve the right to only accept orders from those over 18 however.

We may modify the T&C from time to time. Please read the T&C and check back often. If you do not agree to any change to the T&C then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Registration

To use some of the services or features made available to you on this Site you will need to register.

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You expressly agree that HomeScent by Eva Ltd is not responsible for any loss or damage arising from the submission of false or inaccurate information.

By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases. Should any of your registration information change, please notify us immediately at the following e-mail address contact@homescentbyeva.com. We may also change registration requirements from time to time.

AVAILABILITY, ERRORS AND INACCURACIES

We are constantly updating our offerings of products and services. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information and in our advertising on other web sites. You expressly agree that any such offer of a product or service does not constitute a legal offer capable of attracting legal consequences.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Section “Availability, Errors and Inaccuracies” is without prejudice to existing statutory rights.

We reserve the right to refuse or cancel your order at any time for certain reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. You expressly agree that HomeScent by Eva cannot accept any liability for loss or damage arising out of such cancellation.

We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected.
The account password you provide should be unique and kept secure, and you must notify HomeScent by Eva immediately of any breach of security or unauthorized use of your account.
Please refer to our Privacy Policy for information about how we use your data.

Eligibility to Purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the HomeScent by Eva terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to HomeScent by Eva, whose applications are acceptable to HomeScent by Eva and who have authorized us to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold. In addition, HomeScent by Eva reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where HomeScent by Eva feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

HomeScent by Eva offers products for sale that are in stock and available for dispatch from our distribution centre. Occasionally however, we may be waiting for shipments from our suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered to HomeScent by Eva. We will only take Advance Purchase orders for stock that has been scheduled for delivery by a supplier. Your rights regarding Advance Purchase are the same as those for any other purchase at HomeScent by Eva. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

HomeScent by Eva will store a record of your transactions for a minimum of one year.

Pricing Policy

Prices shown on the Site are in Kenya Shillings and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable.
All prices and offers remain valid as advertised from time to time. The Kenya Shilling price of a product displayed on the Site at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
If you are a customer whose credit/debit card is not denominated in Kenya Shillings, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Acceptance of Your Order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and HomeScent by Eva will be completed when we email you to confirm the goods have been dispatched. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of HomeScent by Eva.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the T&C.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Payment We accept Visa, MasterCard, American Express cards, and any other methods such as M-pesa and PayPal which may be clearly advertised on the Site from time to time.

Payment will be debited and cleared from your account immediately by HomeScent by Eva. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to HomeScent by Eva, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered HomeScent by Eva user, we will securely store your credit/ debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, HOMESCENT BY EVA uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Gift Cards

HomeScent by Eva Printed and Virtual Gift Cards are sold subject to the following terms and conditions:
1. Gift Cards are valid indefinitely.

2. Gift Cards can be redeemed against all products on the www.homescentbyeva.com site.
3. Gift Cards are non-transferable and may not be returned or redeemed for cash.
4. If your order total is less than the value of the Gift Card, the remaining balance will be credited to your account and will be redeemed against subsequent orders.
5. If your order exceeds the value of the Gift Card and you have existing store credit on your account, this will automatically be redeemed to cover the remaining balance. All remaining balances exceeding the value of your gift credit or store credit must be paid by credit, debit card or cash.
6. If you return products you have purchased using a Gift Card, the remaining balance will be credited to your account as store credit and will be redeemed against subsequent orders.
7. Virtual Gift Cards will be e-mailed to the recipient once the full order has been processed and payment has been taken. A copy will also be sent to the sender as confirmation of dispatch.
8. HomeScent Eva is not liable for delivery of a Virtual Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.
9. HomeScent by Eva is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.
10. HomeScent by Eva reserves the right to cancel a Gift Card if we deem such action necessary.
11. Promotion codes cannot be applied to the purchase of Gift Cards with the exception of free shipping codes which can be applied to Printed Gift Cards orders.
12. Sales tax and shipping is applicable on any products purchased with a HomeScent by Eva Gift Card.
13. Shipping is applicable on Printed Gift Cards.

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Delivery

HOMESCENT BY EVA will require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by HomeScent by Eva, and transfer of responsibility in the same way.

Please note that we aim to dispatch all orders within twice a week or every 48 hours, whichever is nearer. Estimated delivery times are to be used as a guide only and commence from the date of dispatch.

Returns & Exchanges

As an alternative to using your rights, you may prefer to return or exchange items. You must inform us of your intention to return within 7 days of receipt, for a refund of the value of the item only, or an exchange for the same item, based on stock availability. If you wish to exchange your item for an alternative product, we suggest that you return it for a store credit and purchase the new item separately.

To exercise the right to cancel, you must inform us by email to contact@homescentbyeva.com

We will make reimbursement without undue delay, and not later than:(i) 7 days after the day we receive back from you any of the goods supplied; or (ii)(if earlier) 7 days after the day you provide us with evidence that the goods have been returned; or
(iii) if no goods were supplied, 7 days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.

In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent the goods back, whichever is the earliest. [If we do not receive the cancelled order back, we may arrange to have it collected from you at your cost.

You shall return cancelled orders to: HomeScent by Eva, without undue delay and in any event not later than 7 days from day on which you communicate your cancellation of the contract to us. The deadline is met if you send the goods before the period of 7 days has expired.

You will have to bear the cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods

Shipping is complementary on the replacement item, but exchanges made to destinations outside of Nairobi will be processed and registered courier charges will apply.

Please note that we do not refund or exchange diffusers, room sprays or any liquid products and that once delivered the sale is final.

Our Policy

Items should be returned unused and with all HomeScent by Eva tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused. Please email contact@homescentbyeva.com if any of your purchases have been delivered without HomeScent by Eva tags.

With our quality guarantee, you are welcome to return any product in its original condition for a full refund or exchange within 7 working days of delivery. Please note that there must be no scratches or marks on the product and the product must not be used or damaged. The product must be returned in its original packaging. Where provided, packaging such as authenticity cards, dust bags, and leather tags should be included with your return



We request that you arrange and pay the cost of your return. Please enclose the following details with your returned product:   Name

Order Number

Email

Telephone Number

Address

Receipts

Reason for return/exchange

Faulty goods

Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, or a different product of equal value subject to availability. Where possible. If neither is available, you are entitled to a full refund or a voucher to be used in your next purchase.

Colours

We have made every effort to display as accurately as possible the colours of our products that appear on HomeScent by Eva. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any colour will be completely accurate.

Repeated returns

We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.

Intellectual Property Rights

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including HomeScent by Eva Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by HomeScent by Eva and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. HomeScent by Eva tries to ensure that the information on this site is accurate and complete. HomeScent by Eva does not promise that our Content is accurate or error-free. HomeScent by Eva does not promise that the functional aspects of the Site or HomeScent by Eva’ Content will be error free or that this Site, HomeScent by Eva Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

No Commercial Use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your Activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the T&C, we may deny you access to this Site on a temporary or permanent basis.

Third Party Sites

We may include hyperlinks on this Site to other websites or resources operated by parties other than HomeScent by Eva, including advertisers. HomeScent by Eva has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Your Rights

You have certain rights under the law. These include:

1. That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
2. Certain remedies if a product is defective; and
3. A right to cancel any order for a product within 7 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).
Limits on our Liability

In no event shall HomeScent by Eva, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Compensation

At our request, you agree to compensate us fully, defend us, and hold us HomeScent Eva harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the T&C by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Our Relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and HomeScent by Eva as a result of the T&C or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of HomeScent by Eva, and we shall not be liable for any representation, act, or omission on your part.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. HomeScent by Eva its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

No Waiver

If you breach the T&C and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the T&C.

Complaints and Governing Law

If you have a complaint about us email contact@homescentbyeva.com giving full details including date of purchase and order reference number where applicable and your full name, address and contact details. The T&C together with all our policies and procedures will be governed by and construed in accordance to the Kenyan law and the relevant courts of Kenya will have exclusive jurisdiction.