INN AROMA Subscription Plan Terms and Conditions

These terms set out the conditions of the INN AROMA subscription plan between INN AROMA, LDA, with registered office at Taguspark, Núcleo Central, 164, 2740-122 Porto Salvo (Oeiras, Lisbon), Portugal, tax number (NIPC) 513189823, hereinafter “INN AROMA”, and the customer who subscribes to the plan, hereinafter the “CUSTOMER”.

1. Purpose of the plan

1.1 These terms set out the conditions of a subscription plan under which the CUSTOMER acquires 1 (one) INN AROMA professional personalised scent nebuliser, called The Ambergris, at a special subscriber price, and subscribes to a monthly delivery of INN AROMA 150 ml scent refills, called The Essence.

1.2 The CUSTOMER may choose their preferred scent from the INN AROMA fragrance range. INN AROMA undertakes to keep supplying it for the whole term of the plan, unless the scent is discontinued for reasons beyond INN AROMA’s control. In that case, INN AROMA will offer the CUSTOMER an alternative scent with similar characteristics.

1.3 The CUSTOMER may change the selected scent at any time from their customer account. The change applies to the next delivery that has not yet been processed.

2. Duration of the plan

2.1 The plan has a minimum duration of 12 (twelve) months, corresponding to 12 (twelve) monthly payments.

2.2 The plan starts on the date of the first monthly payment.

2.3 After the 12 (twelve) monthly payments of the minimum period, the plan continues automatically on a monthly basis, under the same conditions. From that moment, the CUSTOMER may cancel the plan at any time from their customer account, without any cancellation fee.

3. Price and monthly payments

3.1 The first monthly payment is €119.80 (b), covering the equipment (€79.90) and the first refill (€39.90), and is paid at the time of purchase. The remaining 11 monthly payments of the minimum period are €39.90 (b) each. INN AROMA undertakes to send 1 (one) The Essence refill every month for as long as the plan is active.

3.2 The following monthly payments are charged automatically on the same day of each following month.

3.3 If a payment fails, INN AROMA will notify the CUSTOMER that they have 5 days to settle it.

3.4 A delay of more than 5 days may result in:

Suspension of deliveries.
Cancellation of the plan with the early cancellation fee set out in Clause 4.
Late-payment interest at the statutory rate in force, plus 3 percentage points.

3.5 Each refill contains 150 ml of essence, enough for 30 days of use (a).

3.6 The purchase price of the machine under the plan is €79.90 (b) (special subscriber price), compared with its regular price of €119.90. Each monthly refill costs €39.90 (b) (special subscriber price).

(a) Each refill lasts at least 30 days with moderate-intensity use, on a programme of 8 hours per day.

(b) Shipping costs are added to the prices shown, for the first order and for each monthly delivery, according to the shipping costs published on the INN AROMA website.

3.7 INN AROMA reserves the right to update the price of the monthly refills after the minimum period of 12 months, with at least 30 (thirty) days’ prior notice to the CUSTOMER. The annual increase may not exceed the change in the Consumer Price Index (CPI) plus 2 percentage points. If the CUSTOMER does not agree with the new price, they may cancel the plan without any fee before it comes into effect.

4. Early cancellation

4.1 During the minimum period of 12 monthly payments, the plan cannot be cancelled from the customer account. To cancel early, the CUSTOMER must contact INN AROMA using the contacts in Clause 10.

4.2 If the CUSTOMER cancels the plan before completing the 12 monthly payments, they must pay a cancellation fee of €180.00 (one hundred and eighty euros).

4.3 In the event of early cancellation, The Ambergris equipment must be returned to INN AROMA in good condition, allowing for normal wear and tear, within 15 (fifteen) working days of cancellation. Otherwise, the CUSTOMER will be invoiced €119.90, the regular retail price of the equipment.

4.4 This clause does not affect the right of withdrawal set out in Clause 6.

5. Payment method

5.1 Online subscription

5.1.1 If the CUSTOMER subscribes through the INN AROMA website, the first payment and the monthly payments are made by the bank card provided at checkout. Monthly payments are charged automatically to that card for as long as the plan is active.

5.1.2 The card must allow international and recurring payments.

5.1.3 The CUSTOMER must keep their bank card details up to date, and may update them from their customer account.

5.2 Subscription in an INN AROMA store

5.2.1 If the CUSTOMER subscribes in an INN AROMA store, they pay the first monthly payment of €119.80 in store and take the equipment and the first refill with them.

5.2.2 The CUSTOMER then completes the subscription on the in-store tablet, providing the bank card to which the following monthly payments will be charged. No amount is charged to the card on that day. The first card payment is made one month after the purchase in store, and the following refills are delivered to the address indicated by the CUSTOMER.

5.2.3 Points 5.1.2 and 5.1.3 also apply to subscriptions made in store.

5.3 Refused payments and chargebacks

5.3.1 In the event of an unjustified or fraudulent chargeback by the CUSTOMER, INN AROMA reserves the right to suspend the plan immediately and to demand full payment of the remaining monthly payments of the minimum period.

5.3.2 The CUSTOMER is responsible for all administrative and bank costs arising from unjustified chargebacks.

6. Consumer rights

6.1 The CUSTOMER benefits from all the rights granted by consumer protection legislation, namely Law no. 24/96 (Consumer Protection Law).

6.2 The CUSTOMER has the right of withdrawal within 14 days of entering into the contract, without giving any reason, in accordance with applicable law. When exercising this right, the CUSTOMER must return The Ambergris equipment in its original condition and is responsible for the return costs.

6.3 Personalised goods and services already started are excluded from the right of withdrawal.

7. Product warranty

7.1 The products supplied under this plan, namely The Ambergris nebuliser and The Essence refills, are covered by the legal guarantee of conformity under Decree-Law no. 84/2021 of 18 October, which transposes Directive (EU) 2019/771.

7.2 The Ambergris equipment has a 3 (three) year guarantee from the date of delivery. During this period, the CUSTOMER may exercise their legal rights if the product is not in conformity.

7.3 In the event of a lack of conformity, the CUSTOMER is entitled, free of charge, to have conformity restored by repair or replacement, to a proportionate price reduction, or to terminate the contract, under the terms and hierarchy of remedies provided by law.

7.4 Any lack of conformity that becomes apparent within 2 (two) years of delivery is presumed to have existed at that date, unless this presumption is incompatible with the nature of the goods or of the lack of conformity.

7.5 To exercise their warranty rights, the CUSTOMER must report the lack of conformity to INN AROMA using the contacts in Clause 10 and provide proof of purchase.

7.6 The warranty does not cover defects resulting from incorrect use, negligence, unauthorised modifications, normal wear and tear, or damage caused by external agents, including voltage fluctuations or exposure to unsuitable environmental conditions.

8. Personal data

8.1 INN AROMA processes the CUSTOMER’s personal data as data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and other applicable legislation.

8.2 Personal data is processed to perform this contract, manage the commercial relationship, send communications about the service, issue invoices and comply with legal obligations.

8.3 The legal basis for processing is the performance of the contract (Article 6(1)(b) GDPR) and compliance with legal obligations (Article 6(1)(c) GDPR).

8.4 Personal data is kept for the duration of the contract and for the period required by law after it ends.

8.5 The CUSTOMER has the right to access, rectify and erase their data, to restrict processing, to data portability and to object to processing, under the terms of the law, by contacting the address in Clause 10.

8.6 INN AROMA undertakes not to disclose personal data to third parties without the CUSTOMER’s consent, except where required by law, or to processors acting on behalf of INN AROMA and bound by appropriate confidentiality obligations.

8.7 In the event of a personal data breach, INN AROMA will notify the competent authorities and the CUSTOMER within the terms and deadlines set by the GDPR.

8.8 More information is available in the INN AROMA Privacy Policy.

9. General provisions

9.1 INN AROMA reserves the right to change these terms with 30 days’ notice, without prejudice to the CUSTOMER’s acquired rights, or for reasons of force majeure. Force majeure includes, for example, natural disasters, pandemics, acts of war, government decisions, supplier failures, strikes or any other unforeseeable and unavoidable event.

9.2 The competent court is that of the CUSTOMER’s place of residence.

9.3 INN AROMA’s total liability under these terms, whatever the cause, will not exceed the total monthly payments actually made by the CUSTOMER during the plan.

9.4 INN AROMA is not liable for any indirect or consequential damages, loss of profits or loss of data resulting from the use of, or inability to use, the equipment or the products.

9.5 All INN AROMA content, trademarks, logos, formulas, fragrances and materials are the exclusive property of INN AROMA, LDA. The CUSTOMER may not reproduce, distribute or use any INN AROMA intellectual property for purposes other than those expressly provided for in these terms.

10. Contacts and complaints

10.1 For complaints, information or cancellation requests, the CUSTOMER can contact INN AROMA through:

Email: geral@innaroma.pt
Phone: (+351) 214 240 129
Customer account: [link to the customer account]

10.2 Complaints must be submitted in writing within 15 (fifteen) days and will be answered within a maximum of 30 (thirty) working days. The CUSTOMER may also use the Electronic Complaints Book at www.livroreclamacoes.pt.

11. Acceptance

11.1 By completing the subscription and accepting these terms on the INN AROMA website or in an INN AROMA store, the CUSTOMER fully agrees to these terms.

11.2 A copy of these terms will be sent to the CUSTOMER by email and is always available on the INN AROMA website.

11.3 Any communication under these terms is validly made if sent by email to the addresses provided by the parties, and takes effect on the working day after it is sent.