Terms & Conditions
These are the terms and conditions on which we supply to you any of the products listed on this website.
Please read these terms carefully before ordering with us. These terms tell you what you need to know about buying with us. We may revise these terms and conditions without notice by posting revised terms and conditions of sale on our website. The terms and conditions posted on the website or app at the time you place your order will govern that purchase.
Who we are and how to contact us
The website www.subversivescents.com is owned by NIRVANA BRANDS INC., a company incorporated and registered in New York with DOS ID: 5650791 whose registered office is at 45 PARK AVENUE, SUITE 1902, NEW YORK, NY, UNITED STATES, 10016, USA (“Nirvana”, “we”, “us”).
The Site offers consumers a convenient way to find, learn about, and purchase products from us (the “Products”). These Terms & Conditions together with any other documents referred to in them such as our website Terms of Use (the “TOS”), Privacy Policy (the “Privacy Policy”) and our Cookie Policy, (collectively, the “Terms”) apply to your use of the Site and your purchasing of the products (“Products”) and services offered on or through the Site (the “Services”).
Placing an order
How you can place an order
Orders may be placed through our website or our app. Once you have added the product(s) you would like to your basket, the website will take you to the checkout where you need to enter your contact details, delivery and billing information. Please check, your order before clicking the “complete order” button.
Acceptance of your order
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (“Dispatch Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Dispatch Confirmation.
When we acknowledge your order, we will also confirm your order number. If you ever need to contact us about your order, please quote this number in your communications.
By placing an order through this website, you warrant that you are legally capable of entering into binding contracts and you are at least 18 years old.
Making A Purchase
If you wish to purchase Products or use certain Services, you will be asked to supply certain information, including but not limited to credit card or other payment information. You warrant that all information that you provide to us will be accurate, complete, and current. You agree to pay all charges incurred by you or any other user of your Account and/or any credit card or other payment mechanism issued to you, including without limitation any applicable taxes and shipping, handling, and processing charges, if any, relating to such purchases and transactions. We will charge your credit card when the item you purchased is shipped. Credit card orders shipped to a location other than your billing address may require additional verification. Sales tax is collected in the jurisdictions where we are required to collect taxes.
We only sell Products to individuals who can purchase with a permitted payment method.
You are permitted to purchase Products through the Services only for personal use and not for resale. We may in our sole discretion refuse and/or cancel any order that we believe may lead to the resale of Products ordered from us. Accessing the Services from territories where its contents are unlawful is prohibited. It is your responsibility to ascertain and obey all applicable laws and regulations with respect to the purchase, possession, and use of any Product ordered through the Services.
We reserve the right to refuse to process or complete any transaction and to cancel any transaction, at our sole discretion.
Order Acceptance Policy
The advertisement of any Product through the Services does not constitute an offer to sell. When you place an order through the Services, you make an offer to buy the relevant Products. Your order or your receipt of an electronic or another form of order confirmation does not constitute our acceptance of your order. We reserve the right at any time after receipt of your order to accept or decline your order. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. All orders placed are subject to additional credit verification. We may also require additional verifications or information before shipping any order, as determined by us in our sole discretion.
Order Limitation Policy
All orders are subject to product availability. If any items are not available and you paid using one of our accepted payment methods, you will not be charged for the cancelled items.
Given the popularity of some Products, we reserve the right to limit the quantities of items that can be purchased.
Product Descriptions
All information presented on the Site is intended to be used for personal, educational or informational purposes only. You are responsible for seeking the advice of appropriate professionals concerning information, opinions, and Products available through the Services. Our Products are not intended to diagnose, treat, cure or prevent any condition or disease. All Products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients of Products to avoid potential allergic reactions. Minors should use our Products only with the permission of a parent or legal guardian.
Products may vary slightly from their pictures. The images of the Products on the Site are for illustrative purposes only. We use reasonable care to ensure that the details, descriptions, images, and prices appearing on the Site are correct at the time the information was entered onto the system. However, we do not warrant that the Product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. Where appropriate, any colors you see will depend on your monitor and we cannot guarantee that your monitor’s display of any color will be accurate. All features, content, specifications, sizes and prices of Products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures and similar descriptions may be approximate and are provided for convenience only. Packaging may vary from that shown. If a Product offered by us is not as described, your sole remedy is to return it unopened in its original packaging in accordance with the Return Policy and Return Procedures.
Shipping and Delivery
Delivery destinations
We currently deliver to countries listed in our Shipping Policy.
For more details on delivery options, delivery charges, estimated delivery times and return options, please visit the SHIPPING AND RETURNS pages.
Delivery times will depend on the delivery method you select during the order process.
Shipping Policy
We strive to ship your order as quickly as possible. However, our shipping estimates are not guaranteed or promised that a Product will ship on a specific day or be received by you within a specific period. The amount of time it takes for you to receive a Product will depend on how long it takes us to process your order and how long it takes the carrier to deliver the order to you once it is shipped.
Sorry, we are unable to ship to P.O. boxes or APO addresses. All items must be shipped to a valid street address and shipping charges are based upon the shipment option you select at Checkout.
Shipping to the USA
Orders will be shipped from the USA to addresses within the 50 states of the United States of America. Please refer to our shipping policy for more information SHIPPING
Risk of Loss
All items purchased from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PRICING AND PAYMENT
Payment Options
For a full list of available payment methods, please see our FAQ page. We accept payment with most major credit cards. We do not store credit card details. All our payments systems are handled by Shopify and their integrated payment provider gateways.
Pricing & Availability
All prices and availability of Products are subject to change without notice. We make every effort to provide you the most accurate, up-to-the-minute information on pricing and availability. However, some of the items on our web site may be mis-priced or no longer available at the time you place your order.
In the event a Product is listed at an incorrect price, we have the right to refuse or cancel any orders placed for the Product listed at the incorrect price. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will cancel your order and notify you of the price error and order cancellation. You will, of course, have an opportunity to purchase the item at the correct price, if you so wish.
If an item you have ordered is not available because it is temporarily out of stock, we will issue a notification on the website. If we do not believe that we will be able to fill your order at any time (such as, for example, if we have discontinued production of the item you ordered), we will notify you of the same by email and we will cancel your order for that item.
Refund & Return Policy
If you cancel your order before the products have been dispatched, we will cancel the transaction and refund you the sums you paid for the products.
If you wish to return the products after you have received them, you must return them unopened (unless the item was received by you in a defective or damaged condition) and in its original packaging, within 14 days from receipt in order to receive your refund.
Damaged or defective item(s) returned without their original packaging will not receive a refund.
If you are entitled to a refund in connection with a return the following conditions will apply:
- Your refund will be in the form of payment used for the purchase.
- The amount refunded will be the purchase price paid by you for the returned item (which reflects the amount of any discounts, promotions or coupons that you received), including sales tax charged with respect to the item.
- Credits will be issued after we receive, inspect and process your return. Please allow time for the returned item to be delivered to us, for us to inspect and process the return, and for the credit card issuer to credit your account. Your credit card company determines when the credit will be reflected in your statement. It may take one full billing cycle for the credit to appear on your account.
Refunds will be processed without undue delay.
Late delivery
If you have not received your products within 10 days from the Dispatch Confirmation, you must notify us immediately by email at satisfaction@subversivescents.com quoting your order number. If you fail to inform us of non-delivery within this time we will not refund or replace the products.
We are not responsible for delays outside our control. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we will let you know as soon as possible. If there is a risk of substantial delay, you can contact us to cancel your order and we will provide a refund for any products you have paid for but have not received.
Undeliverable Shipments
Occasionally, shipments to customers are returned to us as undeliverable. For example, this may happen when the address is incorrect, or the customer refuses to accept a shipment, or the carrier is unable to deliver after multiple attempts.
From the USA – If a shipment is returned to us as undeliverable, we will charge a return shipping fee of $5 (USD) per package returned. We will also issue a refund reduced accordingly by the $5 (USD) package return fee.
From Canada – If a shipment is returned to us as undeliverable, we will charge a return shipping fee of $15 (CAD) per package returned. We will also issue a refund reduced accordingly by the $15 (CAD) package return fee.
We will not issue you a refund if the return shipping fee exceeds the original purchase price plus the sales tax charged of the item(s) in your undeliverable shipment.
MISCELLANEOUS
Limitation of Liability; Exclusion of Damages
To the fullest extent provided by law, in no event will the collective liability of Nirvana and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the amount that you have paid us for the applicable Products or Services in the six (6) months immediately preceding the event or occurrence giving rise to the claim.
To the fullest extent provided by law, in no event will Nirvana, its subsidiaries, affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, regardless of whether such loss or damages are caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.
These limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy.
The foregoing limitations and exclusions do not affect any liability that cannot be limited or excluded under applicable law.
California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
Applicable Law & Disputes
The Terms shall be governed by and interpreted in all respects in accordance with the substantive laws of the state of New York, without regard to its choice of law provisions. The 1980 U.N. Convention on Contracts for the International Sale of Goods is not applicable to these Terms. You agree that any disputes directly or indirectly arising out of or relating to the Terms shall be resolved exclusively in the state or federal courts located in New York County, New York. You hereby irrevocably consent to such venue and to the exclusive jurisdiction of any such court over any such dispute.
Any cause of action or claim you may have directly or indirectly arising out of or relating to the Terms must be commenced within one (1) year after the claim or cause of action arises.
No Waiver
No failure on the part of us to enforce any part of the Terms shall constitute a waiver of any of our rights under the Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by us nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of the Terms. Only a specific, written waiver signed by an authorized representative of us shall have any legal effect whatsoever.
Last updated: April 25, 2025