Terms & Conditions

LAST UPDATE: APRIL 11, 2022

These terms of website use apply only to this particular Site and contain terms that govern your use of the Site (“Terms of Website Use”). The content and services available on the Site are also subject to our Privacy Policy and our Terms and Conditions of Sale and other terms and conditions and policies which you may find throughout the Site, all of which are deemed a part of and included within these terms and conditions (collectively, “Terms and Conditions”).

We provide our services both directly and through our affiliates, as explained below.

We may transfer our rights and obligations under these terms and conditions to an affiliate or another organization, and we will notify you in writing if this happens, but this will not affect your rights or our obligations under these terms and conditions. You may only transfer your rights or your obligations under these terms and conditions to another person if we agree in writing.

Should you have any questions, please contact us via our Contact Us page.

By accessing or using the Site, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to be bound by these Terms of Website Use.

ELIGIBILITY TO USE THE SITE

If you are under 16 years old, you may browse the Site but you may NOT provide personal information to us or register on the Site. The Site is not directed to or intended for children under 16 years old.

CHANGES TO THE SITE AND TERMS OF WEBSITE USE

We reserve the right to change or modify these Terms of Website Use, or any of our other terms and conditions, policies or guidelines, at any time with or without notice. We also reserve the right to make changes or modifications to the information, content, products, services or other materials made available on the Site, or to the Site itself, at any time with or without notice. Any changes or modifications will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Terms of Website Use and applicable terms and policies from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended terms and conditions, you must stop using the Site.

INTELLECTUAL PROPERTY

All information, content, materials, images, graphics, designs, text, trademarks, and trade dress on the Site are the intellectual property of Studio Olfactif, its parent company, subsidiaries, affiliates, partners, or licensors and are protected by U.S. and international intellectual property laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any content from the Site, including code and software, without our express written permission. You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. 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 Studio Olfactif without our express written consent.

If you believe your work or content has been copied and posted to the Site in a way that constitutes copyright infringement, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your name, address, telephone number and email address (if available); and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Note: this contact information is provided exclusively for notifying Studio Olfactif that copyrighted material may have been infringed. All other inquiries will not receive a response through this process and should be directed to our customer service group.

LIMITED LICENSES

Subject to your compliance with these Terms of Website Use, and solely for so long as you are permitted by us to use the Site, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal, non-commercial use of the Site and its content. 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 or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The Site and/or any part of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. 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 ours without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you.

YOUR OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Site, you shall comply with these Terms of Website Use and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on the Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Website Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Website Use, you shall be liable for all the losses that this may cause to us, our parent company, subsidiaries, affiliates, partners or licensors.

YOUR ACCOUNT

You may choose to register on the Site. If you do, you will have an account and associated account information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

We are not responsible for the content of any off-website pages or any other websites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our parent company, subsidiaries, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-website pages or any other websites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-website pages and other websites that you visit.

SPECIAL FEATURES, FUNCTIONALITY AND EVENTS

The Site may offer certain special features and functionality or events (such as contests, loyalty programs, sweepstakes or other offerings) which may be (a) subject to terms of use, rules and/or policies in addition to or in lieu of these Terms of Website Use; and (b) offered by us or by third parties. If so, we will notify you of this and if you choose to take advantage of these offerings, you agree that your use of those offerings will be subject to such additional or separate terms of use, rules and/or policies.

SUBMISSIONS

Any ideas, suggestions, information, or other materials you submit (“Submissions”) to us or the Site will be considered non-confidential and non-proprietary. By providing a Submission, you grant us a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submission in any form and for any purpose. You represent that you own or have the necessary rights to grant this license for any Submission you provide.

USER CONTENT

You may have the opportunity to post reviews, comments, photos, or other content (“User Content”). By posting User Content, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You also grant us the right to use the name you submit in connection with such User Content. You represent and warrant that you own or otherwise control all rights to the User Content you post and that the User Content is accurate and does not violate these Terms of Website Use and will not cause injury to any person or entity. We have the right, but not the obligation, to monitor, edit, or remove any User Content.

INDEMNIFICATION

You agree to defend, indemnify and hold us, our parent company, subsidiaries, affiliates, partners, licensors, officers, directors, employees, and agents (the “Indemnified Parties”) harmless for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Site or the Content in violation of any law, rule, regulation or these Terms of Website Use, or (ii) any part of your User Content. You also agree to indemnify the Indemnified Parties for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

ARBITRATION OF DISPUTES; WAIVER OF CLASS ACTIONS

For residents outside of the EU and UK:

With respect to any dispute, claim, or controversy regarding the use of the Site, to the fullest extent permitted under applicable law, all rights and obligations and all actions contemplated in connection therewith shall be governed by the laws of the State of New York. It is further agreed that any dispute over the scope of this arbitration provision and any dispute as to whether a claim is arbitral shall be submitted to the arbitrator for decision. Notwithstanding the foregoing, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the intellectual property rights of our affiliates, partners or licensors or otherwise have a cause of action in equity, we may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. Arbitration under these Terms of Website Use shall be conducted under the Consumer-Related Disputes Supplementary Rules then prevailing with the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually, and (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

For residents of the EU and UK:

Any disputes arising from the interpretation, validity and/or execution of these Terms and Conditions shall be subject to the mandatory jurisdiction of the competent court of the place of residence or domicile of the customer. These Terms and Conditions are governed by and must be interpreted in accordance with the laws of the country of the competent court.

According to EU Regulation no. 524/2013 on online dispute resolution for consumer disputes, if you are an EU resident, you may, in your discretion, refer disputes through to the EU Commission’s online platform available at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

You consent to receive any agreements, notices, disclosures, or other communications (collectively, “Notices”) from us electronically, including without limitation by email or by posting notices on the Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing.

GENERAL

These Terms of Website Use constitute the entire agreement between you and us regarding your use of the Site, superseding any prior agreements between you and us relating to such subject matter. The failure of us to exercise or enforce any right or provision of these Terms of Website Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Website Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Website Use remain in full force and effect.

LAW AND JURISDICTION

Regardless of your place of residence, your use of the Site in accordance with Terms of Website Use is governed by the laws of the State of New York and not by the laws of any other jurisdiction (except where the laws of another jurisdiction mandate the application of that jurisdiction’s laws as a matter of public policy). As a result, and except where these Terms of Website Use state otherwise or where the laws of another jurisdiction mandate the application of jurisdiction in your state or country of residence as a matter of public policy, you submit to the exclusive jurisdiction of the courts of New York.

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalised web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Privacy Request Portal

Strictly Necessary Cookies

Always Active

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

Functional Cookies

These cookies enable the website to provide enhanced functionality and personalisation. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these cookies then some or all of these services may not function properly.

Targeting Cookies

These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites. They do not store directly personal information, but are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience less targeted advertising.