Terms of service

Overview

Welcome to Perfume Shop! The terms "we," "us," and "our" refer to Perfume Shop. Perfume Shop is a store specializing in independent fragrances inspired by the world's most iconic perfumes. All of our products are original and independent olfactory creations, with no affiliation, partnership, authorization, or endorsement from the original brands referenced in our product descriptions. The brands mentioned are the property of their respective owners and are cited solely as olfactory reference.

Perfume Shop operates this store and website, including all information, content, features, tools, products, and services related to your orders, to provide you, the customer, with a personalized shopping experience (the "Services"). Perfume Shop is powered by Shopify, which allows us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or to the Privacy Policy, you must not use or access our Services.

Section 1 — Access and account

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use the Services on the device you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products, you must be aware that the online store is your preferred place of purchase.

To purchase the products or services we offer, you may be asked to provide certain information, such as your email address, financial details, payment information, and shipping address. You represent and warrant that all information provided in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity in your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 — Our products

Nature of the products. All products sold by Perfume Shop are independent fragrances inspired by reference perfumes. They are not, have not been authorized by, and do not replace the original perfumes of the brands cited as olfactory reference. The brands mentioned in our descriptions, packaging, or marketing materials are the property of their respective owners and are used exclusively to describe the olfactory profile of the fragrance. By making a purchase, you acknowledge and accept that the product you are purchasing is an independent olfactory creation, with no affiliation, partnership, endorsement, or authorization from the original brands.

We have made every effort to display as accurately as possible the products and services in our online store. However, please note that the colors or appearance of the product may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.

We cannot guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or will be the same as displayed in our online store. In particular, given that our products are inspired fragrances, we do not guarantee exact olfactory identity, longevity, sillage, fixation, or any other characteristic equivalent to the original perfume that served as inspiration.

All product descriptions are subject to change at any time, without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.

Section 3 — Orders

By placing an order, you are making an offer to purchase. Perfume Shop reserves the right to accept or refuse your orders for any reason, at its sole discretion. Your order will not be accepted until Perfume Shop confirms acceptance. We need to receive and process your payment before your order is accepted. Please review your orders carefully before submitting them, as Perfume Shop may not be able to accommodate cancellation requests after order acceptance. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for your personal or household use and not for commercial resale or export.

Section 4 — Pricing and financial

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be indicated in your order confirmation email. Unless expressly stated otherwise, prices displayed do not include taxes, shipping, handling, customs charges, or import fees.

Prices displayed in our online store may differ from prices offered in physical stores or in online stores operated by third parties. From time to time, we may offer promotions on the Services that may affect prices and that are governed by terms and conditions separate from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) the charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 — Shipping and delivery

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by the carrier, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.

Section 6 — Intellectual property

Our Services, including, but not limited to, all trademarks, marks, text, displays, images, graphics, product reviews, video and audio, and the design, selection, and arrangement thereof, are the property of Perfume Shop, its affiliates, or licensors, and are protected by U.S. and foreign patents, copyright, and other intellectual property laws.

These Terms allow you to use the Services only for your personal and non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Perfume Shop, Shopify, or any third parties. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Perfume Shop.

The names, logos, product and service names, designs, and slogans of Perfume Shop are trademarks of Perfume Shop or its affiliates or licensors. You must not use such trademarks without prior written authorization from Perfume Shop. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans present in the Services are trademarks of their respective owners.

Third-party trademarks cited as olfactory reference. The perfume brand names cited in our product descriptions, marketing materials, and other content of the Services (for example, names of original fragrances and their respective perfume houses) are used exclusively as descriptive olfactory reference, so that the consumer understands the aromatic profile of our independent creation. Such trademarks are the property of their respective owners, and their mention does not imply any affiliation, partnership, sponsorship, authorization, or endorsement between Perfume Shop and the holders of those trademarks. Perfume Shop acknowledges and respects the intellectual property rights of third parties.

Section 7 — Optional tools

You may have access to customer tools offered by third parties as part of the Services, which we do not monitor, control, or have any influence over.

You acknowledge and agree that we provide access to such tools "as is" and "as available," without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability arising out of or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk, and you must make sure you know and agree to the terms under which these tools are provided by the respective third-party providers.

In the future, we may also offer new features through the Services (including the launch of new tools and resources). Such new features will also be subject to these Terms of Service.

Section 8 — Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you choose to leave the Services to access such third-party materials or websites, you do so at your own risk.

We are not responsible for any damages or losses related to your access to any third-party website, or to your purchase or use of any products, services, resources, or content on any third-party website. Carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, concerns, or questions related to third-party products and services should be directed to such third parties.

Section 9 — Relationship with Shopify

Perfume Shop is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make in our store will be made directly with Perfume Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Perfume Shop, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchase and transaction with Perfume Shop.

Section 10 — Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access and use of the Services in order to provide and improve the Services for you. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in a country different from the one in which you reside, so that we can provide the Services to you. Please review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

Section 11 — Feedback

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting your Feedback; and (iii) your Feedback will comply with these Terms. We have no and will have no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but are not required to, monitor, edit, or remove Feedback that we, at our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property of third parties or these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain libelous, illegal, abusive, or obscene content, nor will it contain computer viruses or any other malware that could, in any way, affect the operation of the Services or any related website. You may not use a false email address, impersonate any other person, or otherwise mislead Shopify or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and for its accuracy. We assume no responsibility or legal liability for any Feedback posted by you or by any third party.

Section 12 — Errors, inaccuracies, and omissions

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, 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 is inaccurate, at any time and without prior notice, including after the order has been submitted.

Section 13 — Prohibited uses

You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any local, international, federal, provincial, or state regulations, rules, laws, or ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) to transmit or arrange for the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits the use or enjoyment of the Services by any person, or that, as determined by us, may harm Perfume Shop, Shopify, or users of the Services, or expose them to civil liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of third parties; (d) spam, phish, pharm, or pretext to access the Services; (e) use any robot, spider, scraping tool, data collection and extraction tool, automatic device or process, artificial intelligence tool (such as AI), or automated or manual means to access the Services; or (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion measures, or other measures we employ to restrict access to the Services. We reserve the right to suspend, deactivate, or terminate your account at any time, without prior notice, if we determine that you have violated any part of these Terms.

Section 14 — Agents

14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or under the instructions of, any person or entity, and that may run on behalf of, or using the device of, a person, without direct supervision.

14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any service.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with the Services.

14.4 Agents must: (i) on all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or obscure that any access, use, or interaction is from an Agent, such as (a) imitating human behavior and interaction patterns or (b) filling out or bypassing CAPTCHA or measures intended to distinguish computer use from human use; (iii) honestly respond to any question or notice seeking to determine whether interactions are from a human or from a computer; (iv) not bypass or otherwise evade any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.

Section 15 — Termination

We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time, without prior notice, and you will remain responsible for all amounts due up to and including the date of termination.

The following sections will continue to apply after any termination: intellectual property, feedback, termination, warranty disclaimer, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, privacy policy, and any other provisions that by their nature must survive termination.

Section 16 — Warranty disclaimer

The information presented in the Services or through them is made available solely for general information purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any decision made based on this information is your sole responsibility. We disclaim any and all liability arising from your reliance, or that of any other visitor to the Services, or any person who may be informed about any part of its Content, on such materials.

EXCEPT AS EXPRESSLY STATED BY PERFUME SHOP, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES; THEREFORE, THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

Section 17 — Limitations of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERFUME SHOP, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DAMAGE, 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 ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 18 — Indemnification

You agree to indemnify, defend, and hold harmless Perfume Shop, Shopify, and our affiliates, partners, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to third parties due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of third parties, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, and the failure to promptly notify will not relieve you of your obligations, unless you suffer material prejudice. We may control the defense and resolution of such claim at our discretion, including the choice of counsel, but we will not resolve any claim that requires non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of indemnifiable claims, including by providing relevant documents.

Section 19 — Severability

In the event that any provision of these Terms of Service 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 severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 20 — Waiver; entire agreement

The failure or delay in the exercise or enforcement of any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or with respect to the Services constitute the entire agreement and understanding between you and us, and govern your use of the Services, 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 of Service).

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

Section 21 — Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

Section 22 — Governing law

These Terms of Service and any separate agreement under which we provide Services to you shall be governed by and construed in accordance with the laws of the State of New Mexico, United States of America, without regard to its conflict of law principles. You and Perfume Shop agree to the venue and personal jurisdiction of the federal and state courts located in New Mexico, United States of America.

Section 23 — Headings

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

Section 24 — Changes to the Terms of Service

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Continued use of or access to the Services after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 25 — Contact information

Questions about the Terms of Service should be sent to aurastylecommerce@gmail.com.

Our contact information is below:

  • Operating name: Perfume Shop
  • Business type: Single-Member Limited Liability Company (LLC)
  • Jurisdiction: State of New Mexico, United States of America
  • Email: aurastylecommerce@gmail.com