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PLEASE READ THIS DOCUMENT CAREFULLY!
THESE TERMS & CONDITIONS BELOW APPLY TO ALL YOUR PURCHASES FROM FRAGRANCE NOW.
THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS,
INCLUDING LEGAL LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.
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By accepting delivery of any product delivered from Fragrance Now, you as the
customer agree to be bound by the terms and conditions listed below. You and Fragrance
Now agree that the following terms and conditions are the exclusive governing the
sales transaction between you as the customer and Fragrance Now. Any attempt to
alter, supplement, modify, or amend these terms and conditions by the Customer will
be considered a material alteration of this agreement and, therefore, are null and void.
In addition, these terms and conditions are subject to change at any time, without
prior written notice. Therefore, please check these terms and conditions carefully each
time you place an order with or accept delivery of any goods from Fragrance Now.
1.) RETURN POLICY
If you are unhappy with the merchandise you receive, you may return it as long as it is
in its original, unopened condition within 14 days of the delivery date of you order
for a full refund minus the shipping charges. Products returned opened or used will be
charged a 15% restocking fee. Note: Free gifts must be returned along with return.
You must email or call customer service to receive an authorization number prior to returning
the product to ensure that your return is handled properly within 14 days of delivery.
Orders exceeding allowed time would not be able to be returned. After receiving RMA number,
please send the package back to the business address.
2.) LIMITATION OF LIABILITY
IN ALL CIRCUMSTANCES FRAGRANCE NOW'S MAXIMUM LIABILITY IS LIMITED TO THE PURCHASE PRICE OF
THE PRODUCTS SOLD. FRAGRANCE NOW SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE UPON A CLAIM
OR ACTION IN CONTRACT, TORT, INDEMNITY OR CONTRIBUTION, OR OTHER CLAIMS RELATING TO THE PRODUCTS
IT SELLS WHICH EXCEEDS THIS LIABILITY LIMIT. FRAGRANCE NOW SHALL NOT BE LIABLE FOR THIRD
PARTY CLAIMS FOR DAMAGES AGAINST THE CUSTOMER, OR FOR MALFUNTION, DELAYS, INTERRUPTION OF SERVICE,
LOSS OF BUSINESS, LOSS OR DAMAGE TO EXEMPLARY DAMAGES, WHETHER OR NOT FRAGRANCE NOW IS APPRISED
OF THE POSSIBILITY OF SUCH CLAIMS OR DAMAGES.
3.) GENERAL TERMS AND CONDITIONS
Payment Terms:
Orders: An order is not binding upon Fragrance Now until it is accepted; Fragrance Now must
receive payment before it will accept an order. Payment for product(s) ordered is due prior to
shipment. Customer can make payment by credit card, wire transfer, or some other method
prearranged with Fragrance Now. You agree to pay the amount(s) due as specified on the invoice,
and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate
allowed by law, whichever is greater.
Shipping Charges:
Your total cost for purchase of any product will include shipping and handling charges shown on
the Fragrance Now invoice.
Price Protection:
Our website is updated frequently to ensure that you'll view the latest products and pricing available,
and that you receive all of the latest savings. At the time you make a purchase you agree to the
listed price. We are unable to make a price adjustment after an order has shipped. However, if you
notify Fragrance Now prior to the shipment of your order, we would be happy to make the price
adjustment for you.
Title; Risk of Loss:
Fragrance Now will arrange for shipment of ordered product(s) to the Customer, Free On Board (F.O.B.)
shipping point, meaning title to the product(s) -- excepting software-- and risk of loss passes to the
Customer upon delivery to the carrier. Fragrance Now reserves a purchase money security interest in the
product(s) until its receipt of the full amount due. Customer agrees to allow Fragrance Now to sign
appropriate documents on Customer's behalf to permit Fragrance Now to protect its purchase money security
interest. Title to software will remain with the licensor(s). All software is provided subject to the
license agreement of the software maker. Customer agrees to be bound by any software license agreement
once the seal on the package is broken. Fragrance Now will advise Customer of estimated shipping dates,
but Fragrance Now will, under no circumstances, be responsible for delays in delivery, and associated
damages, due to events beyond its reasonable control, including without limitation, acts of God or public
enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts,
and freight embargoes.
Governing Law and Jurisdiction:
Any dispute arising out of or related to these Terms and Conditions or the sales transaction between
Fragrance Now and Customer shall be governed by the laws of the State of California, without regard
to its conflicts of law rules. Specifically, the validity, interpretation, and performance of this
agreement shall not be governed by the United Nations Convention on the International Sale of Goods.
Fragrance Now and Customer consent to the exclusive jurisdiction and the venue of the State Courts of
the State of California, Los Angeles County, to resolve any dispute between them related hereto, and
the parities waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally,
the Customer also agree not to bring any legal action, based upon any legal theory including contract,
tort, equity or otherwise, against Fragrance Now that is more than one year after the date of the
applicable invoice.
Severability:
If any provision contained in this agreement is or becomes invalid, illegal, or unenforceable in whole
or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions
and portions of this agreement, and the invalid, illegal, or unenforceable provision shall be deemed
modified so as to have the most similar result that is valid and enforceable under applicable California law.
Waiver:
The failure of either party to require performance by the other party of any provision of this
agreement shall not affect in any way the first party's right to require such performance at any
time thereafter. Any waiver by either party of a breach of any provision in this agreement shall not
be taken or held by the other party to be a continuing waiver of that provision unless such waiver
is made in writing.
Entire Agreement:
These terms and conditions, together with the Fragrance Now's invoice respecting the products
ordered by Customer, are the complete and exclusive agreement between Fragrance Now and Customer, and
they supersede all prior or contemporaneous proposals, oral or written, understandings, representations,
conditions, warranties, and all other communications between Fragrance Now and Customer relating to the
subject products. This agreement may not be explained or supplemented by any prior course of dealings
or trade by custom or usage.
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