Terms of Service
Terms Of Service
last modified: Feb 22, 2022
I Smell Books. (“ISB”, "we", "us" or "our") is a corporation formed pursuant to the laws of Kansas, United States of America. In consideration for permitting your access to our website hosted at https://www.ismellbooks.net/ and other domains and sub-domains, our online store and if applicable, our subscription service (collectively the “Website”) and other good and valuable consideration, you agree as follows:
ACCEPTANCE OF TERMS
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services associated with I Smell Books. If these Terms of Service are considered an offer by I Smell Books, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Subbly, Wix Cratejoy, and Ecwid. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Our website (https://www.ismellbooks.net is hosted by Wix, which you can use to purchase or renew subscriptions for one (1), three (3), six (6), and twelve (12) month durations. You may also purchase past boxes and individual novelty and self-care products listed on our store when available. These are sold in limited quantities.
The I Smell Books Website may become unavailable periodically for maintenance or malfunction of computer equipment. Additionally, we may suspend, alter, or discontinue this Website or the Services in whole or in part, at any time and for any reason without notice.
In agreeing to our Terms and Conditions, you understand that your content (excluding credit card information), may be unencrypted. Credit Card information is always encrypted during transfers over our networks.
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ONLINE STORE TERMS
I Smell Books services are available to individuals who are at least 18 years or older, or that you are the age of majority in your state or province and who can form legally binding contracts under applicable law, or you are over 13 years of age with the assistance or approval of a parent or guardian. Individuals under 18 years old require consent and supervision of legal guardians to use our site. In these cases, the legal adult is responsible for any and all activities, subscribers, and purchasers.
You may not misuse this Website. You may not use our products for illegal or unauthorized purposes nor, in the use of this Service, violate laws in your jurisdiction. This includes but is not limited to copyright laws.
If you view, copy, download, or print Content from this Website, you are subject to the following conditions:
-Content on this site will be used solely for personal use. You are not permitted to copy, publish, manipulate, reproduce, or transmit in any form by any means, including photocopying or recording, for any other purpose.
-Content may not be modified.
-You may not remove copyright, proprietary notices, or trademark.
Anyone may use this Website without incurring any costs or fees. However, opting into the I Smell Books monthly service, users agree to receive a subscription for the receipt of a box of books, novelty products, and self-care products on a monthly basis (known as the “Service”). Users may choose to pre-pay for a for one (1), three (3), six (6), and twelve (12) month subscription.
In subscribing to the monthly Service, you are considered a Subscriber of the Service, and you agree to the recurring monthly payment subscription fee, whether monthly or in pre-paid intervals offered by the Website. Once you subscribe, I Smell Books will process your monthly subscription fee for the first month, or your pre-payment for a Three (3) or Six (6) or Twelve (12) month term, as described below, and every month, or term thereafter, until your subscription is cancelled, without further notice to you or authorization from you.
In subscribing to the three (3) month plan, you agree to and authorize a recurring subscription fee, plus applicable fees, shipping and taxes as may apply every three (3) month cycle. This payment is recurring until the Subscriber cancels his or her plan and is paid in a single lump sum when the user accepts the subscription plan. Thereafter, I Smell Books will charge the Subscriber for the products that will be delivered monthly for three (3) months, until your subscription is cancelled, without further notice to or authorization from you.
In subscribing to the six (6) month plan, you agree to a recurring subscription fee, plus applicable fees, shipping and taxes as may apply every six (6) month cycle. This payment is recurring until the Subscriber cancels his or her plan and is paid in a single lump sum when the user accepts the subscription plan. Thereafter, I Smell Books will charge the Subscriber for the products that will be delivered monthly for six (6) months, until your subscription is cancelled, without further notice to or authorization from you.
In subscribing to the twelve (12) month plan, you agree to a recurring subscription fee, plus applicable fees, shipping and taxes as may apply every six (6) month cycle. This payment is recurring until the Subscriber cancels his or her plan and is paid in a single lump sum when the user accepts the subscription plan. Thereafter, I Smell Books will charge the Subscriber for the products that will be delivered monthly for six (6) months, until your subscription is cancelled, without further notice to or authorization from you.
International customers may be subject to additional customs and/or taxes fees at the discretion of the country in which they reside. Please be aware of this before making a purchase. International laws vary from country to country. It is your sole responsibility to understand these potential additional fees. I Smell Books holds no responsibility for any fees that arise through the importation of its goods to any country outside of the United States.
Active subscriptions will be automatically extended for successive renewal periods of the same duration as the initial subscription term unless the Subscriber expressly cancels the subscription at any time by logging into the Account Page, or by emailing I Smell Books at email@example.com.
You will be immediately billed upon your first initial order. If you choose a one (1) month plan, you will be charged for one (1) month plus any additional fees, taxes, and shipping and handling. If you choose a three (3) month plan, you will be billed in one lump sum for three (3) months plus any additional taxes, fees, and shipping and handling. If you choose a six (6) month plan, you will be billed in one lump sum for six (6) months plus any additional taxes, fees, and shipping and handling. If you choose a twelve (12) month plan, you will be billed in one lump sum for twelve (12) months plus any additional taxes, fees, and shipping and handling. This is outlined above.
Once the duration of your Subscription plan of one (1), three (3), six (6), or twelve (12) months is complete, you will be billed via our auto-renewal system on the your renewal date of that month. For example, if you purchase a one (1) month subscription on August 15th, you will be billed immediately. You will receive the August (if available) or the September box, which ships in the between the 15th and 20th of September, and you will be billed again on the 15th of September for the box. If you purchase a three (3) month subscription plan on August 15th, you will be billed immediately in one lump sum for three (3) months. You will receive September, October, and November boxes and you will be billed again for the following three (3) months on November 15th. If you purchase a six (6) month subscription in August, you will be billed immediately in one lump sum for six (6) months. You will receive September, October, November, December, January, and February boxes and you will be billed again for the following six (6) months on February 15th.
Please note, billing always takes place on the purchase date of the month to subscribed and you will be automatically charged on that date at the end of your Subscription Term.
SALES TAX & CURRENCY
Displayed prices are in U.S. currency and are only valid in the United States. Sales tax will be determined by the shipping address of the order and will automatically be added to your order in accordance with the current tax rate at time of charge. We do not collect sales tax in all states, only those where we are required to do so, or become required to do so by law in the future.
By purchasing an I Smell Books Subscription Box Product (or any Product from our site) from a country other than the United States, you (or your designated recipient) agree to be the Importer of Record for all shipments you receive from I Smell Books. This may require the payment of any customs duties and/or taxes imposed by and specific to the regulations of your country. I Smell Books holds no responsibility for any fees that arise through the importation of its goods to any country outside of the United States.
CANCELLATIONS & CHANGES
Cancelling your subscription prior to receiving your Products will cancel the auto-renewal of your Subscription Plan. It will not cancel the Subscription Plan for which you initially signed up for. You will receive the Products you have paid for, but you will not be re-charged at the end of your term. You agree to understanding that you cannot cancel and be refunded for a Subscription Service that has been purchased by you in the middle of a Subscription term. If your box renews and you cancel after renewal, you understand you will receive the box you have paid for. You understand that cancellations apply only to the next renewal and will not refund a box that has been paid for.
You may make changes or cancel your renewal at any time via your I Smell Books Account. These changes will apply to the next renewal date. You may also upgrade to a three (3), six (6), or twelve (12) month plan at any time from a one (1) or three (3) month plan.
You understand that shipments may be delayed due to unforeseen circumstances including weather, vendor issues, emergencies, natural disasters, and other factors beyond the control of I Smell Books. We may delay shipments for as long as necessary due to the aforementioned.
I Smell Books may offer promotional codes from time to time, at its sole discretion. They are not transferable and are not redeemable for credit, cash, or towards previous purchases. Promotional codes cannot be used with other discounts or promotions. I Smell Books can not reproduce lost or expired codes. Promotional codes are only to be used in accordance with the terms provided with that promotional code. Promotional codes are void where prohibited. Promotional codes may be modified or terminated by I Smell Books at any time, without warning.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ACCURACY AND TIMELINESS OF INFORMATION
We reserve the right to modify or change information provided on this site at any time but hold no obligation in updating information to our site. You understand that it is your responsibility to monitor any changes on our site. Any reliance on the material on this site is at your own risk.
This site and its components are offered for informational purposes only; this site shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information. Information and materials provided on this site is meant only for general information and should not be the sole method in which you rely upon for decision making. You may consult upon more accurate or more complete resources for information. You accept these terms by visiting our website.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Nothing on this Website should be interpreted as granting any license or right to use this Website or Content displayed through the use of framing or otherwise except when expressly permitted by the terms and conditions or with our prior written consent and permission or permission of third parties that own the trademark material displayed on our Website.
Any breach or violation of the Terms of Conditions will result in immediate termination, without refund or warning, of your Services.
We will not be held liable for any damage or loss resulting from any attack, including a denial-of-service attack, viruses, and harmful material that may infect your computer, data, equipment, programs, or other proprietary materials due to use of this Website or to your downloading of material published on our Website, or websites linked to it.
By accessing our Website, you are bound by the following standards of conduct. You agree that you will not participate in the following:
1.) Transmission of any content that is unlawful, threatening, harmful, abusive, harassing, vulgar, offensive, defamatory, pornographic, obscene, or objectionable, as determined by I Smell Books.
2.) Transmit any viruses, trojans, logic bombs, worms, or destructive codes that are malicious or technologically harmful. You may not hack into any aspect of this Service, corrupt data, destruct, cause annoyance to other users, or infringe upon property rights.
3.) Send unsolicited advertising or promotional material, “spam,” or any materials that affect the functionality of computer facilities accessed through this Website.
4.) Post defamatory statements.
5.) Post Content that infringes upon copyright, trademark, or trade secret.
6.) Impersonate another person.
7.) Violate state, federal, local, or international law or regulation.
8.) Disrupt the normal flow of communication, or otherwise acting in any manner that would negatively affect other users' ability to participate in any real time interactions.
9.) Provide informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance to Section 219 of the Immigration Nationality Act.
10.) “Stalk” or harass an individual and/or collect and store personal data relating to other members or users.
You are prohibited from making attempts to override any of the embedded usage rules in our Services. Unauthorized reproduction, publication, exhibition, or distribution of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
I Smell Books will report criminal activity or any such breach to law enforcement authorities and will disclose your identity to them.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
REGISTRATION AND MEMBERSHIP
You are solely responsible for keeping registration information up to date through your subscription duration via your account page on our Website.
All registered members of I Smell Books agree to receive e-mails, including but not limited to promotional e-mails, updates, and changes in policy alerts. We may offer occasional newsletters. You may opt out of receiving e-mails via the “Unsubscribe” link at the bottom of any e-mail received.
PRODUCTS AND DELIVERIES
Monthly subscribers to I Smell Books will be shipped a package with a different selection of products that consist of books, self-care products, and novelty products. You recognize that use of self-care products provided in our box is done at your sole discretion. Do not use products that contain ingredients to which you are allergic or sensitive to. Do not use products other than the way they are intended; if you choose to do so, we will not be held liable.
Every month, the selection inside of your subscription box will vary and change. As thus, I Smell Books cannot guarantee the selection available will be available in another timeframe.
We reserve the right to limit quantities offered of our Products and Services. Description of Products is subject to change at any time and without notice at our sole discretion. We reserve the right to discontinue any product, at any time, without notice. We reserve the right to limit the sales of our products and Services to any geographic region or jurisdiction or individual person. This right is exercised on a case-by-case basis. Offers on Products or Services on this site are void where prohibited.
By subscribing, you agree to pay monthly subscription fees for the products that are supplied each month.
Certain products may be exclusive through our online Website. These Products or Services may only be available in limited quantities and are subject to exchange or return according to our Return Policy (outlined below).
Subscription Box Products contain a monthly designation based on the month for which they are shipped and a monthly title (“Theme”). These Subscription Box Products ship between the 15th and 20th of every month. Ordering by the 28th of the previous month means you will receive the following month’s box. It is your responsibility at the time of purchase to determine which box will begin your subscription with I Smell Books. You may find which box is available on our Website and affiliate websites including our social media platforms on Facebook and Instagram.
SHIPPING AND DELIVERY
Shipping and handling fees are included with your order at checkout, unless otherwise indicated. They are calculated based on location and distance traveled. Shipping dates and arrival times are only estimates. Dispatch times communicated on the I Smell Books website may vary according to availability and are subject to delays from postal services or force majeure, for which we are not held responsible. Delivery dates and arrivals are subject to change, at any time, without notice.
The buyer is solely responsible for import taxes imposed by their home country. Please take this into consideration when purchasing our Products and Services. Import fees do not apply to any customer within the United States, including U.S. territories.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
RETURNS AND EXCHANGES
I Smell Books does not allow returns of Subscription Box Products or associated items (“Products”), unless they are damaged or missing as outlined below.
Any product shipped via postal mail services runs the risk of damage or loss. You acknowledge this risk upon purchasing our Product. If a Product is defective, you must alert I Smell Books within 30 days of receipt and provide photographic evidence that the Product is damaged. We will replace the Product when possible. We reserve the right to refund the price of the damaged or missing Product if we no longer have the product in our limited stock. Please contact us at firstname.lastname@example.org if you are missing any Products.
All parcels are shipped via the USPS and UPS with a tracking number associated with each shipment. You acknowledge that the information you have entered into the recipients shipping address is correct and up to date upon purchasing our Services and Products. If a product is marked as delivered via the USPS and UPS postal system, you acknowledge that this is an agreement that the product was delivered to the address provided. If marked as delivered, we will not replace the Products. If, however, an item is missing from inside the box, please contact us and we will discuss replacement or refunding on a case-by-case basis.
DISPUTES WITH THE COMPANY
If you dispute any payment made to the Company you must notify the Company in writing via email or in writing within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the Company. No other accounting of any kind shall be accepted by the Company or have any effect under these Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the Website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company, and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall I Smell Books, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
In no case shall I Smell Books be held liable for any misuse of product. In purchasing the I Smell Books product, you understand the ingredients used in self-care products provided and will not hold I Smell Books liable for improper use due to sensitivity, allergy, or otherwise. In purchasing I Smell Books, you understand that I Smell Books, its employees, affiliates, interns, directors, agents, and licensers will not be held responsible for products sourced from third parties. I Smell Books will not be held responsible for defective products.
You agree to indemnify, defend and hold harmless I Smell Books and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 415 S Arapaho, Wichita, KS, United States.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at we.smell.books.@gmail.com