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Terms of Use

TERMS OF USE

 Last Updated: July 6, 2018

 

This website is operated by Global Retail Cosmetics LLC doing business as Fragrance Room. Throughout the website, the terms “we”, “us” and “our” refer to Fragrance Room.  Fragrance Room offers this website, including all information, tools, products, and services available from this website to you (collectively, the “Website”), the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

  1. AGREEMENT TO TERMS
  2. HOSTING OF OUR WEBSITE
  3. ELIGIBLE USERS
  4. PRODUCTS, SERVICES, AND PRICES
  5. ACCURACY OF ACCOUNT INFORMATION
  6. PRIVACY POLICY
  7. THIRD-PARTY LINKS
  8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
  9. INTELLECTUAL PROPERTY
  10. ERRORS, INACCURACIES AND OMISSIONS
  11. PROHIBITED USES
  12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
  13. INDEMNIFICATION
  14. SEVERABILITY
  15. TERMINATION
  16. ENTIRE AGREEMENT
  17. GOVERNING LAW; ARBITRATION; WAIVER OF JURY TRIAL; NO CLASS CLAIMS; TIMELY FILING OF CLAIMS
  18. NOTICE TO CALIFORNIA RESIDENTS
  19. CONTACT INFORMATION

 

1. AGREEMENT TO TERMS

By visiting our Website and/or purchasing something from us or transacting business with us, you agree to be bound by these terms of use (“Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink, including our Privacy Policy, Return Policy, Shipping Policy, and Fragrance Room Inscentives Loyalty Program Terms, which are incorporated into these Terms. These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

YOU AND FRAGRANCE ROOM UNDERSTAND AND AGREE THAT THE PROVISION CONTAINED IN SECTION 17 PROVIDES THAT WE EACH AGREE TO RESOLVE ANY DISPUTES BETWEEN US THROUGH BINDING ARBITRATION INSTEAD OF IN COURTS OF GENERAL JURISDICTION TO THE FULLEST EXTENT PERMITTED BY LAW, AND YOU HEREBY AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND THAT NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS PROCEEDINGS SHALL BE PERMITTED. 

Any new features or tools which are added to the Website shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

The headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.

 

2. HOSTING OF OUR WEBSITE

Our store is hosted on Shopify Inc. (“Shopify”).  They provide us with the online e-commerce platform that allows us to offer our products and services to you.  Your use of the Website or purchases made via the Website may be subject to additional terms and conditions imposed by Shopify.  You can find Shopify’s Terms of Service at: https://www.shopify.com/legal/terms.

 

3. ELIGIBLE USERS

The Website and our products and services are directed to US residents, for shipment within the US.  You must be at least 18 years old or the age of majority in your state of residence to use the Website, or have the legal consent of a parent or guardian that is at least 18 years old or the age of majority in your state of residence to use the Website.  The Website is not directed to children under the age of 13.

 

4. PRODUCTS, SERVICES, AND PRICES

Prices for our products are subject to change without notice until each purchase has been confirmed and payment received by Fragrance Room.  We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Website or any products or services offered on the Website.

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Returns, Exchanges, & Refunds Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors will be corrected.

We reserve the right to refuse any order you attempt to place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, by geographic region, by jurisdiction, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card or other payment card information, and/or orders that use the same or certain billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. Any offer for any product or service made on this site is void where prohibited.

 

5. ACCURACY OF ACCOUNT INFORMATION

You may choose to create an account with us and provide certain information in connection with the account, including a valid email address and a password. By creating an account, you will automatically be enrolled in our Fragrance Room Inscentives Loyalty Program. You can read the Loyalty Program Terms here.  You agree to provide current, complete and accurate account information for all purchases made on the Website. You agree to promptly update your account with us, including your email address and physical address, so that we can complete your transactions and contact you as needed.  You can update your account by going to the My Account section of the Website.

 

6. PRIVACY POLICY

Our use of your information is governed at all times by our Privacy Policy. Our Privacy Policy explains our practices relating to the collection and use of your information in connection with the Website, and is incorporated into these Terms. By using the Website, you consent to the collection and use of your information as set forth in the Privacy Policy.

 

7. THIRD-PARTY LINKS

Third-party links on this Website may also direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

8. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example, contest entries, reviews, or ratings), or without a request from us you send creative ideas, suggestions, proposals, plans, comments, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ”Comments”), you grant Fragrance Room and its affiliates a worldwide, perpetual, irrevocable, non-exclusive, sub-licensable (through multiple tiers), royalty-free license and right to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), and alter, modify and make derivative works from your content (including without limitation, your name and likeness, photographs and testimonials) for any purpose whatsoever commercial or otherwise without compensation to you, without crediting you, and without any opportunity for you to inspect or approve such use. In addition, you waive any "moral rights" or "performance rights" in your content.  The Company has no fiduciary relationship with you.  We are and shall be under no obligation to (a) maintain any Comments in confidence; (b) pay compensation for any Comments; or (c) respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your Comments do not violate any right of any third-party, including copyright, trademark, privacy, publicity or other personal, contractual or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

 

9. INTELLECTUAL PROPERTY

You acknowledge that the Website contains software, content, graphics, photos, videos, know-how, product ideas, comments and other material (collectively, "Intellectual Property") that is protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed.  Fragrance Room grants you a limited, non-exclusive right to access and use the Website and view the content available on the Website for your own personal, non-commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. 

The Fragrance Room name, logos and affiliated applications and technologies are the exclusive property of Fragrance Room or its affiliates.  All other trademarks appearing on the Site are trademarks of their respective owners.  Our partners or service providers may also have additional proprietary rights in the content which they make available through the Website. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion.  Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.

You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website, without first obtaining the prior written consent of Fragrance Room or, if such property is not owned by Fragrance Room, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.

 

10. ERRORS, INACCURACIES AND OMISSIONS

We are not responsible if information made available on this Website is not accurate, complete or current. The material on this Website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This Website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. Any reliance on the material on this Website is at your own risk.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Website, should be taken to indicate that all information in the Website has been modified or updated. It is your responsibility to monitor changes to our Website before providing information or engaging in transactions with us.

 

11. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Website or its content: (a) for any unlawful or unauthorized purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Website.

We reserve the right to terminate your use of the Website for violating any of the prohibited uses.

 

12. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure or error-free. We may remove the Website for indefinite periods of time or cancel the Website at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Website is at your sole risk. We do not warrant that the results that may be obtained from the use of the Website will be accurate or reliable.  The Website and all products and services delivered to you through your use of the Website are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fragrance Room, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Website, the Fragrance Room Inscentives Loyalty Program, or any products or services procured using the Website, or for any other claim related in any way to your use of the Website, Loyalty Program, or any product or service obtained therefrom, including, but not limited to, any errors or omissions in any content, loss of points or rewards, or any loss or damage of any kind incurred as a result of the use of the Website or any content (or product) posted, transmitted, or otherwise made available via the Website, even if advised of their possibility.

Because some states or jurisdictions, including the State of New Jersey, do not allow the exclusion or the limitation of liability for the types of damages set forth in this Section 12, in such states or jurisdictions the limitation of liability set forth in this Section 12 may not apply to you, and our liability shall be limited to the maximum extent permitted by law.

 

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Fragrance Room and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorneys’ fees, made by any third-party due to or arising out  or relating to: (a) these Terms and other documents incorporated herein and/or any breach by you thereof; (b) your use of the Website and Fragrance Room Inscentives Loyalty Program, including any data, content, points, rewards or work transmitted or received by you; (c) any unacceptable or objectionable use of the Website or Loyalty Program, as we determine at our sole discretion; and (d) any negligent or willful misconduct by you.

 

14. SEVERABILITY

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions.

 

15. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate your agreement to these Terms at any time when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts due, including without limitation any outstanding payments for orders, products or services, up to and including the date of termination.

 

16. ENTIRE AGREEMENT

These Terms including the Privacy Policy, Return Policy, Shipping Policy, and Fragrance Room Inscentives Loyalty Program Terms, and any other policies or operating rules posted by us on this Website constitute the entire agreement and understanding between you and us, and govern your use of the Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

17. GOVERNING LAW; ARBITRATION; WAIVER OF JURY TRIAL; NO CLASS CLAIMS; TIMELY FILING OF CLAIMS

These Terms shall be governed by and construed in accordance with the laws of the state of New York without giving effect to choice of law principles. Any disputes under or pertaining to the Website shall be submitted to binding arbitration in New York County, New York in accordance with the rules and procedures of the American Arbitration Association ("AAA"), with the exception of any conflicts-of-law provisions heard before the state and federal courts located in New York County, state of New York,  USA. If, for any reason, this Arbitration provision shall be found to be invalid or unenforceable in any respect, or you decide to challenge the arbitrator's decision or these Terms, or we initiate equitable proceedings, all actions, claims, or disputes arising under or relating to these Terms shall be brought exclusively in the federal or state courts of New York County, New York.  The non-prevailing party in such proceedings shall pay the prevailing party’s costs and expenses, including but not limited to reasonable attorneys’ fees.

You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in New York County, New York. You hereby irrevocably waive any and all objections which you may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in New York County, New York and to the venue of any such suit, action, or proceeding brought in any federal or state court in New York County, New York.

You agree to waive trial by jury in any action, proceeding or counterclaim brought by against Fragrance Room on any matter whatsoever arising out of, relating to, or in any way connected with these Terms.

NO CLAIM OR ARBITRATION PROCEEDING UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER CLAIM OR ARBITRATION PROCEEDING, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. Notwithstanding the foregoing, either you or us may apply to any court of competent jurisdiction for injunctive relief or enforcement of this provision, without breach of this provision. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM THAT YOU MAY HAVE AGAINST FRAGRANCE ROOM WHICH ARISES OUT OF OR IS RELATED TO YOUR USE OF THE WEBSITE OR THESE TERMS MUST BE FILED BY YOU PURSUANT TO THIS SECTION WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.

If you elect to proceed with respect any claim by an individual action in a small claims court, or its equivalent, instead of arbitration, we will not object, however, any such action shall be taken in small claims court in New York, New York.

 

18. NOTICE TO CALIFORNIA RESIDENTS

If you are a California resident, you are entitled under California Civil Code Section 1789.3 to the following specific consumer rights notice:

The name, address and telephone number of the provider of the Website and App is Fragrance Room, 375 Park Ave., Suite 3702, New York, New York 10152, 1-866-FRA-ROOM.  Complaints regarding the Website or requests to receive further information regarding use of the Website may be sent to the above address or to:  support@fragranceroom.com.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.

 

19. CONTACT INFORMATION

Questions about these Terms should be sent to us at support@fragranceroom.com.