TERMS AND CONDITIONS
Scent.to Marketplace
Version 1.1 [Date]
1. INTRODUCTION AND SCOPE
1.1. These Terms and Conditions (hereinafter – the "Terms") govern access to and use of the online marketplace platform operated under the name Scent.to (hereinafter – the "Platform").
1.2. The Platform is operated by SIA "SVZ Ventures and Services", a company incorporated under the laws of the Republic of Latvia, registration No. 40203722530, having its registered address at Vecmīlgrāvja 1. līnija 37–45, Rīga, LV-1015 (hereinafter – "Scent.to", "we", "us" or "our").
1.3. The Platform enables users to list, discover and purchase pre-owned fragrance products from other users. Scent.to provides the technical infrastructure, logistics coordination, verification services and related support necessary for marketplace transactions to take place. Scent.to does not itself sell fragrance products.
1.4. These Terms apply to all visitors, registered users, buyers and sellers who access or use the Platform (hereinafter – "Users"). By accessing the Platform, creating an account, listing a product, placing an order or otherwise using the Platform, Users confirm that they have read, understood and agree to be bound by these Terms and by any policies incorporated by reference herein.
1.5. In addition to these Terms, the use of the Platform is governed by additional policies published on the Platform from time to time (hereinafter – the "Platform Policies"), including but not limited to:
- Privacy Policy;
- Returns and Refunds Policy;
- Seller Rules and Prohibited Items Policy;
- Product Safety and Compliance Policy;
- Notice-and-Action Policy;
- Fees and Payments Policy;
- Verification Policy;
- Seller Agreement.
Platform Policies form an integral part of these Terms and are binding upon Users. In the event of conflict, these Terms shall prevail unless a Platform Policy expressly states otherwise. New policies may be added and existing policies may be amended from time to time in accordance with clause 16.1.
1.6. Users who do not agree with these Terms must refrain from using the Platform.
DEFINITIONS
For the purposes of these Terms, the following terms shall have the meanings set out below:
"Buyer" means a User who purchases or intends to purchase a product through the Platform.
"Inspection Period" means the period following confirmed delivery of a product to a Buyer during which the Buyer may raise a substantiated dispute regarding a significant discrepancy between the product received and the Listing, as specified in the Returns and Refunds Policy.
"Listing" means the product page created by a Seller on the Platform describing a specific product offered for sale, including photographs, condition descriptions and pricing information.
"Listing Price" means the price set by the Seller for a product as displayed in the Listing, expressed in euros.
"Platform" means the online marketplace operated under the name Scent.to, including any associated websites, applications or services.
"Platform Policies" has the meaning given in clause 1.5.
"PSP" means any payment service provider authorised under applicable law and designated by Scent.to from time to time to process, hold and distribute transaction funds. The current PSP is Stripe Payments Europe Limited.
"Scent.to", "we", "us" or "our" means SIA "SVZ Ventures and Services", the operator of the Platform.
"Seller" means a User who lists or offers products for sale through the Platform.
"Seller Agreement" means the agreement concluded between Scent.to and each Seller governing the terms on which Scent.to provides its services to the Seller, which forms part of the Platform Policies.
"Services" means the services provided by Scent.to through the Platform, including marketplace infrastructure, transaction facilitation, payment flow administration, logistics coordination, verification services and customer support.
"Transaction" means the sale and purchase of a product concluded between a Seller and a Buyer through the Platform.
"User" means any person who accesses or uses the Platform, including Buyers and Sellers.
"Verification" means the process by which Scent.to assesses whether a product physically corresponds to the Seller's Listing description at the time of examination, as further described in Section 6.
2. ROLE OF THE PLATFORM AND LEGAL RELATIONSHIPS
2.1. The Platform operates as an online marketplace designed to facilitate Transactions between users who wish to sell and purchase pre-owned fragrance products. Scent.to provides the infrastructure and Services that enable such Transactions to take place.
2.2. Any contract for the sale and purchase of a product is concluded directly between the Seller and the Buyer. Scent.to is not a party to such contract.
2.3. Scent.to provides Services intended to support the execution of Transactions, including payment flow facilitation through the PSP, logistics coordination, Verification and customer support. The provision of such Services does not make Scent.to a party to the underlying sale contract or affect the allocation of rights and obligations between Buyers and Sellers.
2.4. Where products are routed through facilities operated by or on behalf of Scent.to for logistical or verification purposes, such handling constitutes a technical and logistical operation carried out on behalf of the Seller. It does not constitute the acquisition of legal possession, ownership or control over the products beyond what is reasonably necessary for the performance of the Services.
2.5. Sellers remain responsible for the products they list and sell, including compliance with applicable laws, product safety requirements, intellectual property rights and the accuracy of their Listings. The detailed obligations of Sellers are set out in Section 4 of these Terms and in the Seller Agreement.
2.6. Nothing in these Terms creates a partnership, agency, employment or fiduciary relationship between Scent.to and any User.
3. ELIGIBILITY AND ACCOUNTS
3.1. The Platform may be used only by individuals and legal entities that have the legal capacity to enter into binding contracts under applicable law.
3.2. Sellers must be at least eighteen (18) years of age and must have the legal capacity and right to sell the products they list. Persons under eighteen (18) years of age may not register as Sellers.
3.3. Buyers must be at least eighteen (18) years of age. A person under eighteen (18) years of age may use the Platform as a Buyer only under the supervision and with the prior consent of a parent or legal guardian, who must:
(a) accept these Terms on behalf of the minor;
(b) take full responsibility for the minor's use of the Platform and any Transactions concluded through it;
(c) ensure compliance with these Terms and applicable law.
By allowing a minor to use the Platform, the parent or legal guardian confirms that they have read and accepted these Terms on the minor's behalf and assume responsibility for all activity conducted through the relevant account.
3.4. By creating an account, each User confirms that they meet the eligibility requirements set out in this Section. Age confirmation is provided by self-declaration at the time of registration. Scent.to shall be entitled to request supporting documentation where it has reasonable grounds to doubt a User's eligibility.
3.5. In order to access certain features of the Platform, including listing products for sale or placing orders, Users are required to create an account. When creating an account, Users confirm that they have provided accurate, complete and up-to-date information and undertake to keep such information current.
3.6. Users are responsible for maintaining the confidentiality and security of their login credentials and for all activities carried out through their account. Users must notify Scent.to promptly of any unauthorised access to or use of their account.
3.7. Scent.to shall be entitled at any time to request additional information or documentation from Users, including proof of identity, ownership of items, payment verification or other supporting evidence reasonably required to verify compliance with these Terms. Failure to provide such information within a reasonable period may result in suspension, restriction or termination of the User's account.
3.8. Scent.to shall be entitled to suspend, restrict or terminate access to the Platform where:
(a) a User provides false or misleading information;
(b) verification requirements are not satisfied;
(c) the Platform is misused; or
(d) these Terms or applicable law are breached.
4. LISTINGS AND SELLER RESPONSIBILITIES
4.1. Sellers may create Listings for pre-owned fragrance products through the Platform in accordance with the available functionality and the Seller Rules and Prohibited Items Policy. Each Listing must relate to a specific, individually identifiable product.
4.2. By creating a Listing, the Seller confirms that the information provided is accurate, complete and not misleading at the time of submission, and that the product complies with these Terms and applicable law.
4.3. Sellers are responsible for ensuring that Listings accurately describe, at a minimum:
(a) the brand, name and version of the fragrance;
(b) the approximate remaining quantity or fill level;
(c) the condition of the bottle, atomiser and packaging;
(d) whether original packaging or accessories are included;
(e) any visible defects, alterations or signs of prior use;
(f) where known to the Seller, the name or trade name of the manufacturer and any safety warnings or information required under applicable product safety legislation, including Regulation (EU) 2023/988 (GPSR) and Regulation (EC) No 1223/2009 on cosmetic products.
4.4. All products offered on the Platform are pre-owned fragrance products. Sellers acknowledge that such products may show signs of prior use and that factors such as age, storage conditions and prior handling may affect appearance or scent perception. This acknowledgement does not relieve Sellers of their obligation to provide an honest and accurate description of the product.
4.5. By listing a product, the Seller confirms that:
(a) the Seller is the lawful owner of the product or otherwise has the unrestricted right to sell it;
(b) the product is not stolen, counterfeit or unlawfully obtained;
(c) the product is genuine and has not been refilled, decanted, repackaged or altered in any way;
(d) the sale of the product does not infringe third-party rights.
4.6. The following items must not be listed on the Platform:
(a) counterfeit or replica products;
(b) refilled, decanted or otherwise altered products;
(c) products transferred into non-original containers;
(d) products that pose a health or safety risk;
(e) products that are expired or have been stored in conditions that would reasonably be expected to affect their safety or fitness for use;
(f) items prohibited by applicable law.
4.7. Scent.to shall be entitled to remove Listings or take other appropriate measures where a Listing violates these Terms or applicable law.
4.8. Sellers' detailed obligations, including confirmations given in connection with each Listing and Transaction, are set out in the Seller Agreement, which forms part of the Platform Policies and is binding upon all Sellers.
5. HOW TRANSACTIONS WORK
5.1. The Platform enables Buyers and Sellers to conclude Transactions through a structured digital interface.
5.2. By placing an order, a Buyer submits an offer to purchase the product from the Seller under the terms specified in the Listing.
5.3. A contract between the Buyer and the Seller is formed when the Seller accepts the order through the Platform's functionality.
5.4. Payments made by Buyers are processed exclusively by the PSP. Scent.to does not itself receive, hold or control Transaction funds. Funds paid by a Buyer are held by the PSP in accordance with the PSP's regulatory obligations until the Transaction is completed in accordance with the Platform's operational procedures, at which point the PSP arranges for the release of the net amount to the Seller, subject to the deduction of applicable platform fees.
5.5. Scent.to coordinates logistics and, where applicable, organises the routing of products through its designated facility for verification purposes prior to onward dispatch to the Buyer. Such routing is part of the technical organisation of delivery and does not affect the legal relationship between Buyer and Seller or the allocation of title to the product.
5.6. Sellers are responsible for dispatching products in accordance with the instructions communicated through the Platform and within the timeframes specified in the Seller Agreement and Platform Policies.
5.7. Risk of loss of or damage to a product is allocated as follows:
(a) from dispatch by the Seller until receipt at Scent.to's designated facility: risk remains with the Seller;
(b) while the product is at Scent.to's designated facility: Scent.to undertakes to exercise reasonable care in handling and storage. Scent.to shall be liable to the Seller for loss or damage directly caused by Scent.to's own negligence during this period, up to the Listing Price;
(c) from dispatch to the Buyer: risk passes to the Buyer upon delivery.
5.8. Once delivery to the Buyer has been confirmed and the applicable Inspection Period has expired without an approved claim, the PSP releases the transaction amount to the Seller, subject to the deduction of applicable platform fees and any other amounts properly applied in accordance with the Seller Agreement.
5.9. Scent.to shall not be responsible for delivery failures caused by incorrect addresses provided by Users, refusal to accept delivery or failure to collect a parcel. In such cases, Scent.to may charge reasonable handling or return costs and may take appropriate steps to resolve the situation, including returning the item to the Seller.
5.10. Scent.to shall be entitled to suspend, cancel or reverse a Transaction and delay or withhold the release of funds where reasonably necessary, including in cases of suspected fraud, breach of these Terms, product safety concerns, failure to dispatch or compliance-related issues. Where funds are withheld, Scent.to undertakes to notify the affected User of the reason and to release the withheld amount promptly upon resolution, subject to any deductions that may apply.
5.11. Additional operational details relating to transaction timelines, shipping procedures, dispute handling and payment release are set out in the relevant Platform Policies.
6. VERIFICATION AND PLATFORM SERVICES
6.1. In order to support trust and transparency within the marketplace, Scent.to provides Verification services in connection with Transactions where products are routed through its designated facility prior to dispatch to the Buyer.
6.2. Verification is limited in scope to a reasonable-efforts visual and functional examination of the product at a specific point in time. The purpose of Verification is solely to assess whether the product physically corresponds to the description provided by the Seller in the Listing, including fill level, condition, packaging and disclosed defects.
6.3. Verification does not constitute and must not be understood as:
(a) authentication or confirmation of the genuineness or origin of the product;
(b) certification, expert appraisal or laboratory analysis of any kind;
(c) a guarantee of the product's safety, composition or fitness for any particular purpose;
(d) an endorsement by any brand owner or rights holder.
6.4. The outcome of Verification does not replace or reduce the Seller's responsibility for the accuracy of the Listing or for compliance with applicable law. Where Verification reveals a material discrepancy between a product and its Listing, Scent.to shall be entitled to take the measures set out in the Seller Agreement, including rejection of the product, cancellation of the Transaction or adjustment of the Listing with the parties' agreement.
6.5. Scent.to does not assume responsibility for manufacturing defects, product composition, safety characteristics or any other attributes of products offered through the Platform, to the extent permitted by applicable law.
7. PRICES, FEES AND PAYMENTS
7.1. Scent.to may provide suggested pricing or pricing guidance for products listed on the Platform based on available data, market trends or internal algorithms. Sellers remain free to accept or reject any suggested price and are solely responsible for determining the final Listing Price of their products.
7.2. The Listing Price represents the amount payable by the Buyer for the product. Delivery charges, platform fees and any optional services selected through the Platform are presented separately at checkout, unless explicitly stated otherwise.
7.3. Payments made by Buyers are processed exclusively by the PSP. Scent.to does not provide regulated payment services and does not itself hold or control funds belonging to Users. All payment processing, including the acceptance, holding and transfer of funds, is performed by the PSP in accordance with its own regulatory obligations and terms.
7.4. In connection with Transactions, funds paid by Buyers are held by the PSP until the Transaction is completed in accordance with the Platform's operational procedures. Following successful completion, the PSP arranges for the transfer of the net amount to the Seller's designated account, subject to applicable deductions.
7.5. Platform fees constitute consideration for Services provided by Scent.to and are charged to Sellers as a percentage of the Listing Price, in accordance with the Fees and Payments Policy. For the avoidance of doubt, VAT is charged by Scent.to solely on its fees for Services — not on the Listing Price, which represents the consideration payable by the Buyer to the Seller under the Transaction.
7.6. Platform fees and any applicable charges are deducted by the PSP as part of the transaction flow, in accordance with the Fees and Payments Policy. The Seller receives the net amount after deduction of all applicable fees.
7.7. Sellers are responsible for creating and maintaining an account with the PSP and for completing any applicable identity verification or compliance checks required by the PSP. Scent.to is not responsible for any acts or omissions of the PSP, including delays, payment failures, compliance checks or withholding of funds in accordance with applicable law or PSP policies.
7.8. Sellers remain solely responsible for determining and fulfilling any tax obligations arising from their sales conducted through the Platform.
7.9. Scent.to shall be entitled to modify its fee structure from time to time. Any changes shall apply prospectively and shall be communicated through the Platform no less than thirty (30) days in advance of the effective date. Users who do not accept a modification shall be entitled to close their account before the effective date without penalty.
7.10. Where Scent.to charges Buyers for any platform services, including delivery or optional buyer services, Buyers who qualify as consumers shall be entitled to withdraw from such service contract within fourteen (14) days of conclusion in accordance with applicable consumer protection law, unless the service has already been fully performed with the Buyer's prior express consent. The right of withdrawal does not apply to the purchase of products, which is governed by the terms of the Transaction between the Buyer and the Seller.
8. CONSUMER RIGHTS AND RETURNS
8.1. Transactions conducted through the Platform are concluded directly between private individuals. Scent.to is not the seller of any product listed on the Platform. Buyers are informed that where the Seller is a private individual, the transaction may not be subject to the statutory consumer rights that apply to purchases from professional traders, including rights of withdrawal and conformity under applicable EU consumer protection law. Scent.to fulfils its information obligations under applicable law by making this disclosure. In addition to any rights available at law, Scent.to provides Buyers with a platform-level dispute and returns mechanism as described in this Section and in the Returns and Refunds Policy. This mechanism is provided voluntarily by Scent.to and does not constitute a representation that Scent.to is the seller or guarantor of any product.
8.2. Buyers acknowledge that products offered on the Platform are pre-owned fragrance products and may show signs of prior use, ageing or storage conditions associated with second-hand goods. Buyers are responsible for carefully reviewing Listings, including descriptions and condition details, before placing an order.
8.3. Sellers confirm that all products have been stored under appropriate conditions, have not been tampered with, altered or degraded and are not expired or otherwise unsafe for use, to the extent applicable.
8.4. Following delivery of a product, the Buyer shall have an Inspection Period during which they may report a significant and objectively verifiable discrepancy between the product received and the Listing description. The duration of the Inspection Period and the procedure for raising a dispute are set out in the Returns and Refunds Policy.
8.5. A dispute may be submitted where the Buyer provides supporting evidence at the time of submission. Scent.to's own Verification records, including photographs and condition assessments made at its facility prior to dispatch, shall be taken into account as part of the evidence base in assessing any dispute, regardless of whether the Buyer submits additional documentation. Disputes based solely on subjective assessments of condition, scent perception or personal preference shall not constitute valid grounds under the Platform's dispute mechanism.
8.6. If a Buyer submits a substantiated dispute within the applicable period, Scent.to may facilitate resolution between the Buyer and the Seller in accordance with the Returns and Refunds Policy. The submission of a dispute does not automatically entitle the Buyer to a refund. Each case shall be reviewed individually based on available evidence.
8.7. Returns of products that have been used, or handled beyond what is reasonably necessary to assess their condition, may be restricted or refused in accordance with the Returns and Refunds Policy.
8.8. Nothing in these Terms is intended to exclude or limit any rights that may apply to Users under mandatory provisions of applicable law, including consumer protection legislation applicable in the User's country of residence within the European Union.
8.9. Detailed procedures relating to disputes, returns and refunds are set out in the Returns and Refunds Policy, which forms part of the Platform Policies.
9. PROHIBITED CONDUCT AND PLATFORM ENFORCEMENT
9.1. Users must use the Platform in a lawful, honest and responsible manner and in accordance with these Terms and the Platform Policies.
9.2. Prohibited conduct includes, without limitation:
(a) providing false or misleading information in connection with registration, Listings or Transactions;
(b) listing prohibited, counterfeit or unlawfully obtained products;
(c) fraudulent or abusive behaviour towards other Users or Scent.to;
(d) misuse of the dispute, return or chargeback mechanisms;
(e) attempting to conduct or redirect Transactions outside the Platform;
(f) interference with the operation, security or integrity of the Platform;
(g) systematic or commercial use of the Platform in breach of Section 14;
(h) violations of applicable law or third-party rights.
9.3. Where Scent.to reasonably determines that a User has breached these Terms, it shall be entitled to take proportionate enforcement measures, which may include:
(a) issuing a warning to the User;
(b) removing or restricting access to specific Listings;
(c) suspending or restricting the User's account functionality;
(d) terminating the User's access to the Platform.
9.4. Before taking enforcement measures under clause 9.3(c) or 9.3(d), other than in cases requiring immediate action under clause 13.1, Scent.to undertakes to notify the User of the identified breach and allow a reasonable opportunity to respond, in accordance with Section 16.
9.5. Enforcement actions do not affect any rights or obligations of either Party that arose prior to such actions.
9.6. Users who repeatedly engage in prohibited conduct or repeatedly submit unlawful Listings may have their accounts permanently restricted or terminated.
10. LIABILITY AND LEGAL LIMITS
10.1. Scent.to operates the Platform as a marketplace operator facilitating Transactions between independent Buyers and Sellers. Scent.to is not the seller of products listed on the Platform and is not a party to any Transaction.
10.2. Responsibility for products offered through the Platform, including their condition, description, genuineness, legality and safety, rests with the Seller. The detailed allocation of liability as between Scent.to and Sellers is governed by the Seller Agreement.
10.3. To the extent permitted by applicable law, Scent.to shall not be liable for losses or damages arising from acts or omissions of Buyers, Sellers or third parties, including losses related to the purchase, condition or use of products obtained through the Platform. This limitation does not apply to direct physical loss of or damage to a product caused by Scent.to's own negligence during physical handling at its facility, which is addressed in clause 10.7.
10.4. Subject to clause 10.3 and 10.7, Scent.to's liability arising out of or in connection with the use of the Platform or these Terms shall, to the extent permitted by applicable law, be limited to the amount of platform fees received by Scent.to in relation to the Transaction giving rise to the claim.
10.5. Scent.to shall not be liable for indirect or consequential losses, including loss of profit, loss of business or loss of data, to the extent permitted by applicable law.
10.6. Nothing in these Terms limits or excludes liability where such limitation is prohibited by applicable law, including liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation.
10.7. Scent.to undertakes to exercise reasonable care in the physical handling of products routed through its facility in the course of providing the Services. Where direct physical loss of or damage to a product is caused by Scent.to's own negligence during handling or storage, Scent.to's liability to the Seller shall be limited to the Listing Price of the relevant product, subject to the terms of the Seller Agreement. Where such loss or damage affects the Buyer's ability to receive the product as described, Scent.to shall arrange for an appropriate remedy in accordance with the Returns and Refunds Policy.
11. DATA PROTECTION AND PRIVACY
11.1. Scent.to processes personal data of Users in accordance with applicable data protection laws, including Regulation (EU) 2016/679 (General Data Protection Regulation — GDPR) and the laws of the Republic of Latvia.
11.2. For the purposes of applicable data protection law, Scent.to acts as an independent data controller in relation to personal data processed in connection with the operation of the Platform. Users acknowledge that other Users may also act as independent data controllers in relation to personal data exchanged in the course of Transactions.
11.3. Scent.to uses third-party service providers in connection with the operation of the Platform, including payment service providers and infrastructure providers. Where such providers process personal data on behalf of Scent.to, appropriate data processing agreements are in place in accordance with applicable law. The categories of recipients to whom personal data may be disclosed are set out in the Privacy Policy.
11.4. Scent.to is subject to reporting obligations under EU Council Directive 2021/514 (DAC7), which may require Scent.to to report information regarding Sellers' transaction activity on the Platform to relevant tax authorities. Sellers acknowledge this obligation and undertake to provide accurate information as required.
11.5. Users have the right to request erasure of their personal data in accordance with GDPR Article 17, subject to any applicable legal retention obligations. Users may also exercise other rights afforded to them under applicable data protection law, including the right of access, rectification and portability. Further information regarding Users' rights and the procedures for exercising them is set out in the Privacy Policy.
11.6. Further information regarding the processing of personal data, including data retention practices and the basis for processing, is set out in the Platform's Privacy Policy, which forms an integral part of these Terms.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1. These Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of Latvia.
12.2. Where a User qualifies as a consumer under the laws of their country of residence within the European Union, this choice of law shall not deprive the User of the protection afforded by mandatory consumer protection provisions of the law of the User's country of residence. In such cases, the User may also bring proceedings before the competent courts of their country of residence.
12.3. Subject to clause 12.2, the courts of the Republic of Latvia shall have jurisdiction to resolve disputes arising out of or in connection with these Terms or the use of the Platform.
12.4. Users who qualify as consumers shall be entitled to make use of alternative dispute resolution mechanisms available under applicable law, including those provided by national consumer dispute resolution bodies established pursuant to Directive 2013/11/EU on alternative dispute resolution for consumer disputes.
12.5. Before initiating formal proceedings, Users are encouraged to contact Scent.to through the internal complaint handling mechanism described in Section 16, with a view to resolving the matter without recourse to formal dispute resolution.
13. REPORTING ILLEGAL CONTENT AND PRODUCTS
13.1. Users and third parties may report content, Listings or products that they believe to be illegal or in violation of applicable law through the mechanisms provided on the Platform.
13.2. Reports may include, for example, Listings involving counterfeit products, stolen goods, unsafe products or other unlawful items. Scent.to shall make available appropriate mechanisms enabling Users or competent authorities to submit such notices.
13.3. Upon receiving a sufficiently substantiated notice, Scent.to shall review the reported content without undue delay and take appropriate measures where necessary, including removal of Listings, restriction of User access or referral to competent authorities.
13.4. Where Scent.to takes a decision to remove or restrict access to content, suspend or terminate a User's account, Scent.to shall provide a statement of reasons to the affected User in accordance with applicable law, subject to any limitations required by law enforcement or regulatory considerations.
13.5. Users who repeatedly submit unlawful Listings or repeatedly engage in unlawful conduct may have their accounts restricted or terminated in accordance with Section 9.
13.6. Scent.to shall cooperate with competent authorities where required by applicable law, including in relation to product safety, intellectual property rights and consumer protection matters.
14. PROFESSIONAL AND PRIVATE SELLERS
14.1. The Platform is designed primarily for private individuals who wish to sell fragrance products from their personal collections.
14.2. Unless expressly authorised by Scent.to, Users may list products on the Platform only in a private, non-commercial capacity. Sellers must not use the Platform to conduct professional or commercial trading activity, including systematic resale of products or sales carried out as part of a business activity.
14.3. Buyers are informed that Transactions concluded with private Sellers may not be subject to the same consumer protection rules that apply to purchases from professional traders under applicable law. This disclosure is made in accordance with Scent.to's obligations under applicable EU consumer protection legislation.
14.4. Scent.to shall be entitled to request additional information from Sellers where necessary to determine whether their activity on the Platform constitutes professional or commercial trading. Indicators that may be taken into account include the volume, frequency and pattern of sales, the nature of the products listed and any other relevant circumstances.
14.5. Where Scent.to reasonably determines that a Seller is acting in a professional or commercial capacity, Scent.to shall be entitled to:
(a) require the Seller to comply with additional obligations applicable to professional traders under applicable law;
(b) restrict the Seller's listing activity pending further review;
(c) suspend or terminate the Seller's account in accordance with Section 9.
14.6. The detailed obligations applicable to Sellers, including the consequences of acting in a professional or commercial capacity, are set out in the Seller Agreement.
14.7. Sellers who are registered for VAT or otherwise hold professional trader status in their country of residence undertake to notify Scent.to before creating any Listing. Such Sellers may not use the Platform in a private capacity and must comply with any additional requirements imposed by Scent.to in accordance with applicable law.
15. PRODUCT SAFETY
15.1. Sellers shall provide accurate and complete information regarding the origin, condition and safety of products, including any information required to ensure traceability under applicable law. Sellers must not list products that are unsafe, recalled, counterfeit or otherwise prohibited under applicable law.
15.2. Sellers shall cooperate with Scent.to and competent authorities in relation to product safety matters, including by providing relevant documentation and taking corrective measures where required.
15.3. Where Scent.to becomes aware that a product listed on the Platform may pose a safety risk, Scent.to shall be entitled to take appropriate measures including suspension or removal of the Listing, restriction of the Seller's account and cooperation with competent authorities.
15.4. Scent.to shall be entitled to request additional information from Sellers in relation to product safety where necessary to comply with applicable regulatory obligations, including those arising under Regulation (EU) 2023/988 on general product safety (GPSR) and Regulation (EC) No 1223/2009 on cosmetic products. In respect of cosmetic products, Scent.to undertakes to verify, prior to dispatch, that mandatory labelling information is present, that applicable use-by dates have not been exceeded and that product conditions have not been compromised in a way that may affect safety.
15.5. As a provider of an online marketplace and, in respect of products passing through its facility, as a fulfilment service provider within the meaning of Regulation (EU) 2023/988 (GPSR), Scent.to undertakes to:
(a) take corrective measures in respect of products it handles where a safety risk is identified, including withdrawal from the transaction flow and notification of the relevant Seller and, where required, competent authorities;
(b) maintain traceability records in respect of products passing through its facility to the extent required by applicable law, including records of the source and destination of each product;
(c) cooperate with market surveillance authorities as required by applicable law;
(d) register with the EU Safety Gate portal and designate a single point of contact for product safety matters as required under applicable law.
15.6. In accordance with its obligations as a provider of an online marketplace under Article 22 of Regulation (EU) 2022/2065 (Digital Services Act), Scent.to undertakes to design and maintain the Platform in a manner that enables Sellers to comply with their product safety obligations and to take appropriate measures upon becoming aware of unsafe products, including through cooperation with the EU Safety Gate rapid alert system.
15.7. The obligations set out in clauses 15.5 and 15.6 apply to Scent.to in its capacity as a commercial service provider and do not alter the allocation of responsibility for product safety between Sellers and Scent.to as set out in the Seller Agreement. Sellers remain primarily responsible for the safety and lawfulness of the products they list and sell.
16. INTERNAL COMPLAINT HANDLING
16.1. Users may submit complaints regarding decisions taken by Scent.to in relation to content moderation, account restrictions, Listing removals or enforcement actions through the mechanisms provided on the Platform. Scent.to undertakes to review such complaints in a timely and proportionate manner.
16.2. Where Scent.to takes a decision that materially affects a User, Scent.to undertakes to:
(a) notify the User of the decision and its grounds;
(b) provide the User with an opportunity to submit a complaint within fourteen (14) days of notification;
(c) review the complaint in good faith and communicate the outcome to the User within a reasonable time.
16.3. The submission of a complaint does not prevent Users from pursuing other remedies available under applicable law, including through national consumer dispute resolution bodies or the courts.
16.4. This internal complaint handling mechanism applies only to decisions taken by Scent.to in relation to content moderation, account restrictions or enforcement actions. It does not apply to disputes between Users, which are addressed through the mechanism described in Section 8 and the Returns and Refunds Policy.
17. COOPERATION WITH TRUSTED FLAGGERS
17.1. Scent.to may cooperate with entities designated as trusted flaggers under applicable law, including pursuant to Regulation (EU) 2022/2065 (Digital Services Act), for the purpose of identifying illegal content or products on the Platform.
17.2. Notices submitted by trusted flaggers shall be processed without undue delay and may be prioritised in accordance with applicable legal requirements.
17.3. Cooperation with trusted flaggers does not limit the rights of individual Users to submit reports under Section 13 or to pursue remedies available under applicable law.
18. CONTACT POINTS
18.1. Scent.to designates a single point of contact for communication with competent authorities in accordance with applicable law, including authorities responsible for the supervision of digital services, consumer protection and product safety.
18.2. Scent.to provides a point of contact for Users in relation to product safety concerns, illegal content and regulatory matters. Users may contact Scent.to through the contact details made available on the Platform.
18.3. Communication with competent authorities and Users may take place electronically. Scent.to undertakes to respond to enquiries from competent authorities within the timeframes required by applicable law.
19. GENERAL PROVISIONS
19.1. Amendments. Scent.to shall be entitled to amend these Terms from time to time. Any amendment shall be communicated to Users no less than thirty (30) days before its effective date through the Platform or by other appropriate means. A User's continued use of the Platform after the effective date of an amendment shall constitute acceptance of the amended Terms. Where an amendment materially affects Users' rights or obligations, Scent.to undertakes to draw Users' attention to the nature of the change. Users who do not accept an amendment shall be entitled to close their account before the effective date without penalty.
19.2. Completeness of Terms. These Terms, together with the Platform Policies, constitute the complete agreement between Scent.to and Users with respect to the use of the Platform and supersede all prior agreements and understandings relating to the same subject matter.
19.3. Severability. If any provision of these Terms is found to be invalid, unenforceable or contrary to applicable law by a competent court or authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.
19.4. No Waiver. A failure or delay by Scent.to to exercise any right under these Terms shall not constitute a waiver of that right or of any subsequent breach of the same or any other provision.
19.5. Language. These Terms are made available in the English language. Where the Platform provides translations for informational purposes, the English version shall prevail in the event of any inconsistency.
19.6. Consumer Rights Preservation. Nothing in these Terms is intended to limit or exclude any rights that Users may have under mandatory provisions of applicable law, including EU consumer protection legislation and consumer protection laws applicable in the User's country of residence within the European Union. Where any provision of these Terms is inconsistent with a mandatory consumer protection rule applicable to a User, that mandatory rule shall prevail to the extent of the inconsistency.