Terms of service
Welcome to our website. This site at https://alexandriafragrances.com (“the Site”) is operated and maintained by Alexandria Fragrances Inc. (“Site Owner”) as a service to the users of this Site, and offers products, content, and services intended for lawful personal use only. This Site offers products for sale to countries specifically listed in the dropdown menu. If the country is not listed in the dropdown menu, we are not engaged in marketing or selling products to such country. By using this Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you are not permitted to use this Site.
1. Agreement.
These Terms and Conditions of Use (“the Agreement”) specifies and describes the terms and conditions applicable to your access to and use of the Site. This Agreement may be modified at any time without prior notice by Site Owner effective immediately upon posting of the modified Agreement. You can view the most recent version of this Agreement at any time at https://alexandriafragrances.com/policies/terms-of-service. Each use of the Site by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy.
Your visit to our Site is also governed by our Privacy Policy. Please review our Privacy Policy at https://alexandriafragrances.com/policies/privacy-policy, which is made a part hereof as if fully set forth herein.
3. Return Policy, Shipping Policy, and Returns & Cancellation.
Your visit to our Site is also governed by our Return Policy, Shipping Policy, and Returns & Cancellation Policy, which are made a part hereof as if fully set forth herein, and can be found and reviewed through links located at the bottom of the home page of the Site.
4. Ownership.
All content included on this Site, including but not limited to, trademarks, graphics, logos, page headers, button icons, scripts, etc., is and shall continue to be the property of the Site Owner, and/or its content suppliers, and is protected under applicable copyright, patent, trademark, and/or other proprietary rights. Any copying, redistribution, use, or publication by you of any such content or any part of the Site for any purpose without the prior express written permission of the Site Owner is prohibited. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
5. Intended Audience.
This Site is intended for persons 18 years or older.
6. Compliance with Laws.
You agree to comply with all applicable laws regarding your use of this Site. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
7. Indemnification.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SITE OWNER, ITS OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, CONTENT SUPPLIERS, PRODUCT SUPPLIERS, PARENT, SUBSIDIARY, OR AFFILIATED COMPANIES, THEIR OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, OR AGENTS, FROM AND AGAINST ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, RELATED TO YOUR VIOLATION OF THIS AGREEMENT OR USE OF THE SITE. WE MAY, AT OUR SOLE DISCRETION, PARTICIPATE IN THE DEFENSE OF ANY CLAIM OR ACTION AND ANY NEGOTIATIONS FOR SETTLEMENT. NO SETTLEMENT WHICH MAY ADVERSELY AFFECT OUR RIGHTS OR OBLIGATIONS SHALL BE MADE WITHOUT OUR PRIOR WRITTEN APPROVAL. WE RESERVE THE RIGHT TO, AT OUR SOLE DISCRETION, AT OUR OWN EXPENSE, AND ON NOTICE TO YOU, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY CLAIM OR ACTION.
8. Disclaimer.
(a) INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS,” AND/OR “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. SITE OWNER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR THE ACCURACY OF INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.
(b) TO THE FULLEST EXTENT ALLOWED BY LAW, EXCEPT ONLY AS OTHERWISE SET FORTH IN THE RETURN POLICIES, SHIPPING POLICY, AND RETURNS & CANCELLATION POLICIES AS REFERENCED IN SECTION 3 HEREIN, SITE OWNER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, STATUTORY WARRANTIES AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SITE.
(c) SITE OWNER DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, SITE OWNER'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM SITE OWNER, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES WILL SITE OWNER BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF BUSINESS, LOST PROFITS, OR ANY OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE. You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
10. Use of Information.
Site Owner reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy as referenced in Section 2 herein.
11. Sanctions and Export Policy.
You may not use this Site if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using this Site. You must comply with all U.S. or other export and re-export restrictions that may apply to products, technology, and services in connection with this Site.
12. Pricing.
We cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our Site may be mispriced. If the correct price of an item sold on this Site is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
13. Product Descriptions.
We attempt to be as accurate as possible, but we do not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product is not as described and deemed to be defective as determined by Site Owner, your sole remedy is to return it in unused condition in accordance with the time parameters and other conditions set forth in Return Policy, Shipping Policy, and Returns & Cancellation sections of this Site as referenced in Section 3 above.
14. Risk of Loss.
All purchases of products from this Site 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 at the location of our warehouse or our supplier's warehouse facilities. In the event of loss or damage during transit, you shall have responsibility to make a claim directly against the carrier. Site Owner assumes no responsibility for loss or damage during transit.
15. License and Access.
Subject to your compliance with this Agreement, Site Owner and its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Site. This license does not include any resale or commercial use of the Site, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Site or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. You may not use the Site to infringe, misappropriate, or violate intellectual property or other legal rights. All rights not expressly granted to you in this Agreement are reserved and retained by Site Owner or its licensors, suppliers, publishers, rightsholders, or other content providers. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site without Site Owner's express written consent. You may use the Site only as permitted by law. The license granted by Site Owner terminates if you do not comply with this Agreement.
16. Electronic Communications.
When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you will be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site, recognizing that data charges may be imposed by your providers. You may retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
17. Your Account.
You may need your own account to use the Site, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment methods associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Even if some of the products on the Site are suitable for children’s use, the Site sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Site Owner reserves the right to refuse service, terminate accounts, terminate your rights to use the Site, remove or edit content, or cancel orders, in its sole discretion.
18. Dispute Resolution; Binding Arbitration and Class Action Waiver.
BY USING THIS SITE, CREATING AN ACCOUNT, OR MAKING ANY PURCHASE, YOU AGREE TO THE FOLLOWING BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION, WHICH AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT CAREFULLY.
IN THE EVENT ANY MATERIAL DIFFERENCE OF INTERPRETATION OR ANY OTHER CONTROVERSY, DISPUTE, OR CLAIM ARISES OUT OF OR IS RELATED TO THE SITE OR THIS AGREEMENT, OR THE CLAIMED BREACH THEREOF, YOU SHALL PROMPTLY MAKE GOOD FAITH EFFORTS TO SETTLE THE MATTER DIRECTLY. IF ANY DISPUTE OR CLAIM REMAINS UNSETTLED FOR THIRTY (30) DAYS FOLLOWING WRITTEN NOTIFICATION OF THE DISPUTE OR CLAIM PROVIDED TO SITE OWNER BY THE USER, YOU AGREE, IN LIEU OF PROCEEDING IN COURT, THAT SAID DISPUTE OR CLAIM SHALL BE SUBMITTED TO BINDING ARBITRATION CONDUCTED BY AND UNDER THE RULES OF ADR SERVICES, INC., WITH THE VENUE OF THE ARBITRATION IN ORANGE COUNTY, CALIFORNIA. JUDGMENT UPON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE FEES OF THE ARBITRATION SHALL BE DIVIDED BY THE PARTIES AND PAID AS PROVIDED IN THE RULES OF ADR SERVICES, INC. THE PREVAILING PARTY IN THE ARBITRATION SHALL BE ENTITLED TO PAYMENT OF REASONABLE ATTORNEYS’ FEES, EXPERT’S FEES, AND ARBITRATION FEES. PENDING APPOINTMENT OF THE ARBITRATOR, NOTHING PROVIDED HEREIN SHALL PRECLUDE YOU OR SITE OWNER FROM SEEKING THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION OR OTHER PROVISIONAL REMEDY IN ORDER TO AVOID ANY IRREPARABLE INJURY THAT IT MIGHT SUFFER PENDING SUCH APPOINTMENT, WITH THE VENUE OF SUCH LEGAL PROCEEDING IN ORANGE COUNTY, CALIFORNIA.
CLASS ACTION WAIVER: ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION OR TO JOIN OR CONSOLIDATE CLAIMS OF MORE THAN ONE INDIVIDUAL OR PARTY. IF A COURT OR ARBITRATOR DETERMINES THAT THE CLASS ACTION WAIVER IS UNENFORCEABLE AS TO ANY CLAIM OR REQUEST FOR RELIEF, THEN SUCH CLAIM OR REQUEST SHALL PROCEED IN COURT AND NOT IN ARBITRATION, AND THE REMAINDER OF THE DISPUTE SHALL BE ARBITRATED.
MASS-ARBITRATION MANAGEMENT: IF TWENTY-FIVE (25) OR MORE SIMILAR ARBITRATION DEMANDS ARE FILED BY OR WITH THE SAME LAW FIRM OR COORDINATED COUNSEL WITHIN ONE HUNDRED EIGHTY (180) DAYS, THE PARTIES AGREE THAT ADR SERVICES, INC. SHALL ADMINISTER SUCH CLAIMS IN BATCHES OF NO MORE THAN TWENTY (20) CASES AT A TIME TO PROMOTE EFFICIENT RESOLUTION AND COST SHARING. THE OUTCOME OF THE FIRST BATCH WILL INFORM GOOD-FAITH SETTLEMENT DISCUSSIONS FOR ANY REMAINING CASES.
19. Notices.
We may give notice to you by means of ordinary mail to your address, or by electronic mail to your electronic mail address. Any notice sent by electronic mail is deemed to be received on the day sent. You may give notice to Site Owner by electronic mail to sales@alexandriafragrances.com.
20. Partial Invalidity.
The illegality, invalidity or unenforceability of any provision of this Agreement under the law of any jurisdiction shall not affect the legality, validity or enforceability of (1) any other provision of this Agreement or (2) legality, validity or enforceability under the laws of any other jurisdiction, state or country.
21. Waiver.
No waiver by either party of any breach under this Agreement will amount to a waiver of any other breach.
22. Payment.
You agree to pay all charges for the items purchased by you at such prices and in accordance with the billing terms as in effect at the time of purchase. You are responsible for all taxes (if any), shipping charges, import duties, or additional fees imposed by any governmental entity relating to your purchases. Your payments to Site Owner must be made in full without deduction, set off, or counterclaim. Your online purchase may be paid by credit, debit or charge card acceptable to Site Owner. Your access to the Site may be suspended by Site Owner at any time in the event of late payment or non-payment or when any applicable credit limit has been reached. Site Owner is entitled thereupon to collect all accrued charges incurred by you through your credit card account and/or recover such amount from you as a debt due to Site Owner. Your access to the Site will not be restored until all such charges have been paid to Site Owner. All your purchases once completed online are irrevocable and you are not entitled to a return, refund, exchange or cancellation except as may be authorized in strict accordance with the provisions of Return Policy, Shipping Policy, and Returns & Cancellation as referenced in Section 3 herein.
23. Copyrights and Copyright Agent.
If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to our Copyright Agent:
“(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Copyright Manager, who can be reached as follows:
By Mail: 1142 North Gilbert Street, Anaheim, CA, 92801, U.S
By Phone: (714) 829-4256
By e-mail: marketing@alexandriafragrances.com
24. Applicable Law.
You agree that the laws of the state of California will govern this Agreement and any dispute that may arise between you and Site Owner or its affiliates, without regard to conflicts of laws.
25. Severability.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
26. Termination.
Site Owner may terminate this Agreement at any time, with or without notice, for any reason.
27. Site Owner Contact Information.
Alexandria Fragrances Inc.1142 North Gilbert Street,
Anaheim, CA, 92801, U.S.
(714) 829-4256
sales@alexandriafragrances.com