Terms of service

1. About the Website

(a)  Welcome to www.whif.com.au (the "Website"). The Website provides an opportunity to browse and purchase various products listed for sale (the "Products"). Access to the content on the Website constitutes the Purchase Services.

(b)  The Website is operated by Whif (ACN 616992904). By using, browsing, and/or reading the Website, you agree to these terms and conditions (the "Terms"), which form a legally binding agreement. If you do not agree, cease using the Website immediately.

(c)  Whif reserves the right to review and change any of the Terms by updating this page and will provide notice of these changes. Changes take immediate effect from the date of publication.

2. Acceptance of the Terms

(a)  You accept the Terms by continuing to browse the Website or by clicking to accept the Terms where this option is provided in the user interface.

3. Registration to Use the Purchase Services

(a)  While registration is not required to make purchases on our website, you may have the option to create an account to enhance your shopping experience. If you choose to create an account, you will be required to provide certain personal information, including but not limited to your email address, phone number, and mailing address. This information will be used for order processing, communication purposes, and to personalise your experience.

(b)  You warrant that any information you provide during the registration process or while using our services will be accurate and up to date.

(c)  Your registration, if chosen, grants you access to certain features and benefits of our website, but it is not mandatory to complete a purchase.

(d)  By creating an account or using our services, you agree to abide by our Terms and Conditions. If you do not agree with our Terms and Conditions, please do not use our services.

4. Your Obligations as a Member

(a)  As a Member, you agree to comply with the following:

     (i)  Use the Purchase Services only for purposes that are permitted by the Terms.

     (ii)  Ensure the confidentiality of your password and/or email address.

     (iii)  Prohibit any use of your registration information by any other person or third parties.

     (iv)  Immediately notify Whif of any unauthorised use of your password or email address or any breach of security.

(b)  Access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Whif providing the Purchase Services.

5. Purchase of Products and Returns Policy

(a)  In using the Purchase Services to purchase the Product through the Website, you agree to the payment of the purchase price listed on the Website for the Product (the "Purchase Price").

(b)  Payment of the Purchase Price may be made through Stripe, PayPal, and Afterpay (the "Payment Gateway Providers"). In using the Purchase Services, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy, and other relevant legal documentation provided by the Payment Gateway Providers.

(c)  Following payment of the Purchase Price being confirmed by Whif, you will be issued with a receipt to confirm that the payment has been received and Whif may record your purchase details for future use.

(d) Returns & Exchanges: Whif now accepts returns for store credit or exchange on eligible items, subject to the following conditions:

(i) Returns are only eligible on 50ml and 10ml products. Fragrance Libraries are not eligible for return under any circumstances. Returns must be initiated within fourteen (14) days of goods being received.

(ii) Returns will not be accepted during sale periods or on sale items. All sales on discounted products remain final.

(iii) Checkout+ Members: Customers who have opted in to Checkout+ at the time of purchase are eligible for returns for store credit or exchange at no additional cost.

(iv) Standard Customers (Non-Checkout+ Members): Customers who have not opted in to Checkout+ may still submit a return; however, a $10.95 return fee will be payable prior to processing the return.

(v) Returns are for store credit or exchange only. We do not offer cash refunds for change of mind or differences in personal opinions on fragrance.

(vi) Initial postage costs are non-refundable on accepted returns, unless otherwise required by Australian Consumer Law.

(vii) Instant Exchange: Eligible customers may select Instant Exchange at the time of submitting a return, allowing a replacement item to be dispatched immediately without waiting for the original return to be processed. To confirm an Instant Exchange, the customer must provide valid credit card details at the time of submission. The customer then has seven (7) days from the date of confirmation to return the original item. If the original item is not received by Whif within this period, the full value of the replacement order will be charged to the nominated card. Instant Exchange is subject to all other return eligibility conditions set out in this clause.

(e)  For any parcels that are undelivered and returned to us, where the customer requests a refund, the refund will be less the postage costs and a 20% restocking fee.

(f)  All sales on discounted products are final; we do not accept returns on discounted items.

(g)  We reserve the right, at our sole discretion, to limit or restrict the use of discount codes. Discount codes cannot be combined with other offers, promotions, or discounts unless explicitly stated. We may modify or discontinue discount code usage at any time without prior notice.

(h)  During our Black Friday sale or any other promotional period, only promotional markdown pricing applies. Store credits, discount codes, referral codes, or any other external discounts cannot be used in conjunction with these sales.

(i)  Order modifications and cancellations: Once an order has been placed, it cannot be modified or canceled. This includes changes to the products, quantities, or shipping addresses. While we will make every effort to update a shipping address if requested, we cannot guarantee changes can be made once the order is in process. It is the customer's responsibility to ensure all order details, including the shipping address, are correct at the time of purchase. Whif will not be held liable for delays or non-delivery resulting from incorrect or incomplete address details provided by the customer.

(j)  Returns & Store Credits: We may, at our discretion, accept returns for store credit. If your order included a free gift, the free gift must be returned along with the returned items. If the free gift is not returned, the full RRP amount of the free gift will be deducted from your store credit or charged to your original payment method. Please note that initial postage costs are non-refundable on returns accepted for store credit, unless required under Australian Consumer Law.

(k)  Free Gifts: Unless specifically stated otherwise on the Website, only one (1) free gift per order is eligible. Multiple free gifts will not be included in a single order unless expressly outlined in a promotional offer or campaign. While we make every effort to ensure customers receive the appropriate free gift, there may be rare instances during promotional transitions where one gift is swapped for another. Free gifts are not interchangeable under any circumstances.

Free gifts are only available as part of a qualifying purchase that meets the minimum spend threshold as stated on the Website at the time of purchase. In the event of a website error or fault that allows a free gift to be added to a cart without meeting the required spend threshold, or that results in multiple free gifts being added to an order, Whif reserves the right to remove any unearned free gift(s) prior to dispatch or cancel the order entirely. Orders consisting solely of a free gift item, with no qualifying products present, will not be fulfilled regardless of how the order was placed. Whif accepts no liability for website faults that enable free gifts to be obtained outside of their intended terms, and customers who place orders in a manner that exploits such faults — whether intentionally or otherwise — will not be entitled to fulfilment of those items.

(l) Discount codes: Discount codes cannot be combined with any other promotions, discount codes, or offers unless explicitly stated otherwise. Only one discount code may be applied per order.

Promotional Code "SCENTASTIC": The promotional code SCENTASTIC entitles eligible customers to receive one (1) complimentary 10ml fragrance. To qualify, your order must meet a minimum spend of $35 AUD, excluding the value of the free 10ml. Orders that contain only a single 10ml product (including the promotional one) or do not meet the minimum spend requirement will not be eligible for this offer. Whif reserves the right to withhold or cancel the free gift if eligibility criteria are not met. Abuse of this code and it being used multiple times by one single customer is not acceptable and we reserve the right to cancel any order that abuses this offer.

(m)  Bundle Returns & Adjusted Credits: Bundles are priced at a discount based on purchasing the full set. If you return part of a bundle, the items you keep will be repriced at their standard individual retail price, and your store credit will be calculated accordingly. Example: A 6-item bundle is purchased for $90 (bundle price $15 each). If 3 items are returned and 3 are kept, the 3 kept items will be repriced at $25 each. Your store credit will therefore be $90 - ($25 x 3) = $15. This ensures the bundle discount only applies when the full bundle is retained.

6. Pre-order Items

(a)  All sales of pre-order items are final. By placing a pre-order, you agree to commit to the purchase and understand that cancellations or changes to the order are not permitted once the order has been confirmed.

(b)  The dispatch date provided for pre-order items is an estimate only and is subject to change. Whif makes every effort to ensure that pre-order items are dispatched as close to the estimated date as possible. However, due to the nature of pre-order items, there may be delays beyond our control.

(c)  If an order contains both pre-order and non-pre-order items, the entire order will be held and dispatched once the pre-order items are available. Should you wish to receive the non-pre-order items sooner, please place separate orders for pre-order and non-pre-order items. Alternatively, you may request the early dispatch of in-stock items from a combined order by contacting our customer service. Please note, this will incur additional shipping costs. Whif will provide you with the details of these additional costs, and your agreement and payment of these costs are required before the in-stock items can be dispatched.

7. Warranty

(a)  Whif's Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure of the Product and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure (the "Warranty").

(b)  You may make a claim under this clause (the "Warranty Claim") for material defects and workmanship in the Products within 12 months from the date of purchase (the "Warranty Period").

(c)  In order to make a Warranty Claim during the Warranty Period, you must provide proof of purchase to Whif showing the date of purchase of the Products, provide a description of the Products and the price paid for the Products by sending written notice to Whif at P.O. BOX 2409, Chermside Centre, Queensland 4032, or by email at hey@whif.com.au.

(d)  Where the Warranty Claim is accepted then Whif will, at its sole discretion, either repair or replace any defective Products or part thereof with a new or remanufactured equivalent during the Warranty Period at no charge to you for parts or labor. You acknowledge and agree that you will be solely liable for any postage or shipping costs incurred in facilitating the Warranty Claim.

(e)  The Warranty shall be the sole and exclusive warranty granted by Whif and shall be the sole and exclusive remedy available to you in addition to other rights and under a law in relation to the Products to which this warranty relates.

(f)  All implied warranties including the warranties of merchantability and fitness for use are limited to the Warranty Period.

(g)  The Warranty does not apply to any appearance of the supplied Products nor to the additional excluded items set forth below nor to any supplied Products where the exterior of which has been damaged or defaced, which has been subjected to misuse, abnormal service or handling, or which has been altered or modified in design or construction.

8. Delivery and Shipping Protection

(a)  You acknowledge that the Purchase Services offered by Whif integrate delivery (the "Delivery Services") through the use of third-party delivery companies (the "Delivery Service Providers").

(b)  In providing the Purchase Services, Whif may provide you with a variety of delivery and insurance options offered as part of the Delivery Services by the Delivery Service Providers. You acknowledge and agree that Whif is not the provider of these delivery and insurance options and merely facilitates your interaction with the Delivery Service Providers in respect to providing the Delivery Services.

(c)  Shipping protection is an optional service offered by Whif to provide additional peace of mind during the delivery process. Shipping protection covers the cost of resending your goods once if they are lost or misdelivered. However, if your goods are lost or misdelivered on the second occasion, a formal investigation process must be undertaken with Australia Post. Please note that shipping protection does not offer refunds; it only covers resends.

(d)  In the event that an item is lost or damaged in the course of the Delivery Services, Whif asks that you: (i) contact the Delivery Service Provider directly to request a refund or to claim on any insurance options available; and (ii) contact us by sending an email to hey@whif.com.au outlining in what way the Products were damaged in transit so we are able to determine if the Delivery Service Provider should be removed from the Purchase Services.

(e)  During sale periods (Black Friday, EOFY, Birthday Sales, etc.), our handling time is expected to be up to 15 business days - this can extend to orders placed after our sale as we work through the backlog in our system.

9. Copyright and Intellectual Property

(a)  The Website, the Purchase Services and all of the related products of Whif are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips, and software) (the "Content") are owned or controlled for these purposes, and are reserved by Whif or its contributors.

(b)  Whif retains all rights, title, and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you: (i) the business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright of Whif; or (ii) the right to use or exploit a business name, trading name, domain name, trademark, or industrial design; or (iii) a system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a system or process).

(c)  You may not, without the prior written permission of Whif and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third-party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

10. Privacy

(a)  Whif takes your privacy seriously and any information provided through your use of the Website and/or the Purchase Services are subject to Whif's Privacy Policy, which is available on the Website.

11. Use of Customer Reviews for Marketing

(a)  By submitting reviews, photos, videos, or any other content ("Content") on our Website, you grant Whif (ACN 616992904) and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout our Website, marketing materials, and any other communication channels.

(b)  You acknowledge and agree that any Content you submit may be used by Whif for promotional and marketing purposes, including but not limited to, displaying your Content on our Website, social media accounts, newsletters, and other marketing materials. This may include using your name or username associated with the submitted Content.

(c)  Whif reserves the right, but not the obligation, to monitor, edit, or remove any Content that we determine, in our sole discretion, violates these Terms of Use.

(d)  You understand and agree that you will not receive any compensation or credit for the use of your Content as described herein.

(e)  By submitting Content, you represent and warrant that you have all necessary rights, including copyrights, to grant Whif the license to use the Content as set forth in this section.

12. General Disclaimer

(a)  You acknowledge that Whif does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.

(b)  Whif will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours, and packaging may differ from what is displayed on the Website.

(c)  Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(d)  Subject to this clause, and to the extent permitted by law: (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and (ii) Whif will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(e)  Use of the Website, the Purchase Services, and any of the products of Whif (including the Delivery Services), is at your own risk. Everything on the Website, the Purchase Services, and the Products of Whif, are provided to you on an "as is" and "as available" basis, without warranty or condition of any kind.

(f)  We are currently transitioning to a new bottle design. As a result, there may be instances where the bottle you receive differs from the image displayed on our website. The product's quality and contents remain unchanged.

13. Limitation of Liability

(a)  Whif's total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase Price, then the total liability of Whif is the resupply of information or Purchase Services to you.

(b)  You expressly understand and agree that Whif, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

(c)  Whif is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Whif, by third parties or by any of the Purchase Services offered by Whif.

(d)  You acknowledge that Whif does not provide the Delivery Services to you and you agree that Whif will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.

14. Termination of Contract

(a)  The Terms will continue to apply until terminated by either you or by Whif as set out below.

(b)  If you want to terminate the Terms, you may do so by: (i) notifying Whif at any time; and (ii) closing your accounts for all of the Purchase Services which you use, where Whif has made this option available to you.

(c)  Your notice should be sent, in writing, to Whif via the "Contact Us" link on our homepage.

(d)  Whif may at any time, terminate the Terms with you if: (i) you have breached any provision of the Terms or intend to breach any provision; (ii) Whif is required to do so by law; (iii) the partner with whom Whif offered the Purchase Services to you has terminated its relationship with Whif or ceased to offer the Purchase Services to you; (iv) Whif is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or (v) the provision of the Purchase Services to you by Whif is, in the opinion of Whif, no longer commercially viable.

(e)  Subject to local applicable laws, Whif reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Whif's name or reputation or violates the rights of those of another party.

(f)  When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Whif have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.

15. Indemnity

(a)  You agree to indemnify Whif, its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website; (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or (iii) any breach of the Terms.

16. Dispute Resolution

(a)  Compulsory: If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b)  Notice: A party to the Terms claiming a dispute ("Dispute") has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c)  Resolution: On receipt of that notice ("Notice") by that other party, the parties to the Terms ("Parties") must: (i) Within 21 days of the Notice endeavor in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree; (ii) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee; (iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation; (iv) The mediation will be held in Brisbane, Australia.

(d)  Confidential: All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.

(e)  Termination of Mediation: If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

17. Venue and Jurisdiction

(a)  The Purchase Services offered by Whif are intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

18. Governing Law

(a)  The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

19. Independent Legal Advice

(a)  Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

20. Severance

(a)  If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

21. Inspired Fragrances Disclosure

(a)  Product Description: The perfumes sold by Whif ("we", "us", or "our") are original creations that have been inspired by popular fragrances available in the market. Our products are formulated independently and are the results of our own development and creativity.

(b)  Independence of Formulation: While our fragrances aim to capture the essence of certain well-known scents, they are not endorsed by, directly affiliated with, associated with, or sponsored by the designers or manufacturers of these original scents. Each fragrance we offer constitutes a separate and original product in its own right.

(c)  Trademark Acknowledgment: Any references to brand names and designer fragrances are made solely for comparative purposes. Whif respects the intellectual property rights of all third parties, and all trademarks mentioned herein belong to their respective owners.

(d)  Customer Assurance: We commit to transparency with our customers regarding the inspired nature of our products. We provide these comparisons to offer an understanding of the product's character, not to mislead or to confuse the consumer with the original brands. Our intention is to provide an alternative product choice that is similar in style and scent to well-known brands while maintaining a unique formulation.

(e)  Quality and Satisfaction: Whif guarantees the high quality of our products, which are compounded in our own facilities with the highest standards of production. We stand by the originality and quality of our fragrances and invite you to explore our diverse scent portfolio.

22. SMS Marketing

By opting into our SMS marketing program through the pop-up form or at checkout, you agree to receive promotional messages and order updates from Whif.

(a)  You can opt out of our SMS marketing at any time by clicking the link provided in each SMS message.

(b)  We do not share your information with any third parties. For more details on how we handle your data, please review our Privacy Policy.

(c)  While we strive to send messages at regular intervals, the frequency of messages may vary.

(d)  While we do not charge for SMS messages, please note that standard messaging and data rates from your carrier may apply.

23. Use of Multiple Discount Codes

(a)  Unless explicitly stated otherwise, only one discount code may be used per transaction.

(b)  Discount codes cannot be stacked, combined, or used in conjunction with any other promotional offer, store credit, referral incentive, or sitewide discount.

(c)  If multiple discounts are applied due to a system error, Whif reserves the right to cancel or modify the order and request correct payment before processing.

(d)  Unless explicitly stated otherwise, all discount codes are only eligible to be used once per customer.

24. Transfer of Risk

(a)  Products ordered through the Website may be left at the delivery address provided by you at the time of ordering. Once the products are delivered to the specified address, the risk of loss, theft, or damage to the products immediately transfers to you. This means that any loss or damage that occurs after delivery is your responsibility.

25. LOOX Referral and Review Discount Codes

(a)  Whif may, from time to time, issue discount codes through the LOOX platform in connection with customer referral programs or product review incentives ("LOOX Codes").

(b)  A minimum order spend of $50 AUD (excluding shipping) is required to redeem a LOOX Code. Orders that do not meet this minimum spend threshold will not be eligible to use a LOOX Code.

(c)  LOOX Codes are subject to the general discount code conditions set out in clause 23, including the prohibition on stacking or combining codes with other promotional offers, store credits, or sitewide discounts, unless explicitly stated otherwise.

(d)  LOOX Codes are non-transferable, have no cash value, and may only be used by the customer to whom they were issued.

(e)  Whif reserves the right to modify, suspend, or withdraw LOOX Codes or the associated referral and review programs at any time without prior notice.

(f)  Any abuse of LOOX referral or review codes - including but not limited to submitting false reviews or making and cancelling orders to generate codes - will result in the cancellation of the relevant code and may result in the suspension of the customer's account.

26. Fragrance Longevity and Scent Accuracy Disclaimer

(a)  Nature of Inspired Fragrances: Whif's products are independently formulated inspired fragrances and are not identical reproductions of any designer or branded scent. While we strive to create fragrances that closely capture the character of the scent they are inspired by, each product is a unique formulation. Individual scent perception is inherently subjective and will vary between customers.

(b)  Scent Accuracy - Not a Product Fault: A customer's personal opinion that a fragrance does not smell sufficiently similar to the scent it is inspired by does not constitute a product fault or defect. Scent perception varies between individuals due to factors including, but not limited to, skin chemistry, olfactory sensitivity, environmental conditions, and prior fragrance experience. A difference in personal scent perception does not entitle a customer to a refund, return, or exchange outside of the standard returns policy set out in clause 5.

(c)  Fragrance Longevity - Not a Product Fault: Fragrance longevity (the length of time a scent remains detectable after application) varies naturally between individuals and is influenced by a range of factors outside of Whif's control, including but not limited to: skin type, hydration level, body temperature, application method, clothing fabric, ambient temperature, humidity, and individual body chemistry. A fragrance not lasting a full day, or not meeting a customer's personal expectations of longevity, does not constitute a fault with the product.

(d)  Definition of a Faulty Product: For the purposes of these Terms, a faulty or defective product is limited to a product with a physical defect that impairs its intended use. This includes, but is not limited to: a broken or cracked bottle, a damaged or non-functioning sprayer mechanism, a leaking bottle, or a bottle received in a damaged condition due to a manufacturing or packaging fault. These issues may be addressed under clause 7 (Warranty) and clause 8 (Delivery and Shipping Protection) where applicable.

(e)  No Refund for Subjective Dissatisfaction: Whif does not offer refunds, returns, or exchanges on the basis of subjective dissatisfaction with scent accuracy or fragrance longevity. We encourage customers to make use of our 10ml sample sizes or fragrance library and fragrance descriptions prior to purchasing a full-size product. Where a product has a genuine physical fault as defined in clause 26(d), customers may lodge a Warranty Claim in accordance with clause 7.

(f)  Australian Consumer Law: Nothing in this clause is intended to limit or exclude any rights or remedies available to customers under the Australian Consumer Law where those rights cannot lawfully be excluded.