Terms of service
OVERVIEW
Welcome to Essentia Perfume! The terms “we”, “us” and “our” refer to Essentia Perfume. Essentia Perfume operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a curated shopping experience (the “Services”). Essentia Perfume is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”) together with any policies referenced herein describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights, including warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy:
https://essentia-perfume.com/policies/privacy-policy
If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services (including browsing our store or purchasing products), you may be asked to provide information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible. However, colors and product appearance may vary depending on your device and settings.
We do not warrant that the appearance or quality of any products or services purchased will meet your expectations or be exactly as depicted online.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. We reserve the right to accept or decline your order for any reason at our discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting. After an order is accepted, we may be unable to accommodate cancellation requests. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy:
https://essentia-perfume.com/policies/refund-policy
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be shown in your order confirmation email.
Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices in our online store may differ from prices in physical stores or on third-party websites.
You agree to provide current, complete, and accurate purchase and account information and to update it promptly so we can complete transactions and contact you if needed.
You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are authorized to use the payment method;
(iii) charges incurred by you will be honored by your payment provider; and
(iv) you will pay charges incurred by you at posted prices, including shipping/handling and applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates and not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss pass to you.
See our Shipping Policy here:
https://essentia-perfume.com/policies/shipping-policy
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including trademarks, brands, text, displays, images, graphics, reviews, video, audio, and the design/selection/arrangement of these materials, are owned by Essentia Perfume, its affiliates, or licensors and are protected by U.S. and international intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants you any license or rights under any patent, trademark, copyright, or other intellectual property of Essentia Perfume, Shopify, or any third party. Unauthorized use may violate federal and state laws. All rights not expressly granted are reserved.
“Essentia Perfume” names, logos, product names, designs, and slogans are trademarks of Essentia Perfume or its affiliates/licensors. Shopify’s name and logo are trademarks of Shopify. All other trademarks belong to their respective owners.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools as part of the Services. We do not monitor or control these tools.
You agree that we provide access to such tools “as is” and “as available” without warranties or endorsements. We have no liability arising from your use of optional third-party tools.
Any use of optional tools is at your own risk and discretion, and you should review the terms of the relevant third-party providers.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites or embedded third-party functionality. We are not responsible for the content, accuracy, or practices of third-party sites you choose to access.
If you leave our Services to access third-party sites, you do so at your own risk. We are not liable for any harm or damages related to your access or use of third-party websites, products, or services.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Essentia Perfume is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Essentia Perfume.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Essentia Perfume, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Essentia Perfume.
SECTION 10 - PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy:
https://essentia-perfume.com/policies/privacy-policy
Because our store is hosted by Shopify, Shopify also collects and processes certain personal information about your access and use of the Services to provide and improve the Services. Information you submit may be transmitted to and shared with Shopify and third parties that may be located in other countries.
SECTION 11 - FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, or other content (“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.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion violates these Terms or is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services containing typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, transit times, and availability.
We reserve the right to correct errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any laws or regulations;
(c) to infringe intellectual property rights;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or harm others;
(e) to transmit false or misleading information;
(f) to upload or transmit malware;
(g) to send spam or other solicitation;
(h) to impersonate any person or entity; or
(i) to engage in conduct that restricts or inhibits anyone’s use of the Services or may harm Essentia Perfume, Shopify, or users, or expose them to liability.
We may suspend, disable, or terminate your access at any time, without notice, if we determine you have violated these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts due up to and including the date of termination.
The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive.
SECTION 15 - DISCLAIMER OF WARRANTIES
Information presented on or through the Services is for general information only. We do not warrant accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY ESSENTIA PERFUME, THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT 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, SO THE ABOVE MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL ESSENTIA PERFUME, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS), ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Essentia Perfume, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of:
(1) your breach of these Terms;
(2) your violation of any law or the rights of a third party; or
(3) your access to or use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify promptly will not relieve your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld).
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforceable to the fullest extent permitted by law, and the unenforceable portion will be deemed severed without affecting the validity of the remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
These Terms and any policies posted by us constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior agreements or communications.
SECTION 20 - ASSIGNMENT
You may not transfer or assign these Terms or any rights or obligations under them without our prior written consent. Any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice.
SECTION 21 - GOVERNING LAW
These Terms and any separate agreements whereby we provide Services will be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law rules. You and Essentia Perfume consent to venue and personal jurisdiction in the state and federal courts located in California.
SECTION 22 - HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 - CHANGES TO TERMS OF SERVICE
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 to our website. It is your responsibility to check periodically for changes. If we make material changes, we will notify you as required by law, and changes will be effective on the date specified in the notice. Your continued use of the Services after changes are posted constitutes acceptance.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Email: Omer@essentia-perfume.com
Phone: +1 (949) 239-2050
Address: Irvine, CA , United States