Last Updated: Sept. 14, 2021
These Terms apply regardless of the device (i.e., pc, smartphone, tablet, etc.) you use to access the Website and they also apply regardless of how you are billed and/or pay.
Updates to The Terms
We reserve the right to update these Terms at any time without notice and at our complete sole discretion. The updated Terms will be effective when you agree to them when making a new purchase on the Website or simply when you return to this page. So please check the Website for updates to the Terms each time you visit the Website.
No matter what, you are responsible for prompt payments due to the Company for any products ordered via the Website and/or for monies due to the Company under these Terms. If we do not receive payment from your credit card issuer or its agents or from any approved financing source that you use, you agree to promptly submit payment to us in full upon our request. You are entirely responsible for any costs of collection for overdue payments. Your purchases may also be subject to state and other taxes which you are responsible for.
Your Using the Website
Subject to your full and complete compliance with these Terms, we grant you permission to download, display, view, use, and/or print sections of the Website for your personal, non-commercial use only. Any other use is strictly prohibited without prior written approval from the Company.
Website Information Ownership
All right, title, and interest in the Website and all the content in and shown on the Website (individually and collectively the “Content”) is owned or controlled by the Company, affiliates or licensors, and is protected by federal, state and international copyright, trademark, patent, or other intellectual property laws. The Company entirely owns the copyright in the selection, method of compilation, assembly, arrangement, and the enhancement of the Content on the Website.
Website Open Hours
While we strive for the Website to be accessible 24 hours a day and 7 days a week, we are not liable for any downtime or periods of inaccessibility. We reserve the right to suspend or terminate the Website in whole or in part, for any reason, in our sole discretion, and without advance notice or any liability of any kind whatsoever.
Lots of Information on the Website
Of course, price and availability information is subject to change at any time, without any notice and in our sole discretion. We make no representations or warranties about the accuracy or completeness of the information on the Website. Given that there is so much information on the Website there might be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product information, including but not limited to descriptions, pricing of any kind, photographs, promotions, offers, and availability. At any time, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information on the Website or even cancel orders that you have already successfully placed if any information on the Website is inaccurate or if we at our sole discretion wish to do so. When it comes to colors, due to technological limitations, we can’t guarantee the display of any color on your particular device will be accurate. Accordingly any reliance by you on the material on the Website is only at your own risk. Our prices are in US dollars. Please also note that product pictures may vary as packaging changes do occur and unintended errors are always possible.
Restrictions and other “No-No’s”
You agree that you may not post to or from or transmit to or from the Website any material:
- (a) that is generally viewed as being harmful including but not limited to anything threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
- (b) with respect to which you have not gotten all required and needed approvals, permissions, and/or licenses;
- (c) which potentially could constitute or encourage actions that would be considered a crime, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
- (d) which potentially harms technological systems, including, but not limited to computer viruses, worms, Trojan horses, harmful components, corrupted data or other any other type of malicious software code or data that might harm or limit the operation of another's computer or the property of another; or obtains, scrapes, or otherwise collects information about others, including but not limited to e-mail addresses.
You can expect that the Company will fully cooperate with any law enforcement authorities or court order from judges requesting or directing the Company to disclose the identity of or locate anyone posting any material in breach of items (a)-(d), above.
You additionally agree that you will not:
(e) Create a false identity to use the site or access in any way the Website.
(f) in any way use software, hardware devices of any kind, computer code, scripts, robots, or any other processes or ways (including web-crawlers, plugins for browsers and any sort of add-ons, or any other type of hardware or software technology) to scrape the any part of the Website for any reason whatsoever
(g) Circumvent or otherwise get around any direct or indirect security feature of the Website.
(h) Disclose, distribute, use, or copy any information obtained from the Website, whether directly or indirectly without the written consent of the owners of the Website, other than information required by law for business and tax records (e.g., invoices) and information used for no other purpose whatsoever to make a decision as to whether or not to buy a product from the website. Notwithstanding anything to the contrary contained herein, unless you are a regular purchaser from the Website spending at least $1000 each and every month, you will not record pricing information from the Website that when shared with a direct or indirect competitor would potentially harm the company. You agree that the penalty for violating this paragraph (h) will be $1000.00 for each time you record one of the Website's prices. You agree to promptly pay the Website these penalties and to promptly reimburse the Website for all attorney and collection expenditures related to these violations. The Website is not required to warn you when this penalty has begun to accrue.
(i) Visit the Website more than 30 times per week (using the same or a different IP address and whether done by you, an affiliate, or by one of your agents) and that the penalty that for doing so is that you agree to promptly pay the Website $1000 for each visit about 30 weekly visits. You also agree to promptly reimburse the Website for all attorney and collection expenditures related to this violation. The Website is not required to warn you when this penalty has begun to accrue and you are responsible for self-monitoring the number of your visits.
(j) Keep any product with respect to which you've received a refund of its purchase price and that you will within 5 days of the Company sending you a prepaid return label, ship such product back to the company for no additional payment to you. You understand that if tracking shows non-shipment by you, within said 5 days, the Company has the right to share such information with permitted third parities (under these Terms) and you have no recourse in such an event. The Company will also have the right to get the refund reversed and you will take no action to prevent this.
Links on the Website to Other URL’s
The links on our Website are provided only for your convenience. The Company has not reviewed all of these third-party websites whose respective data might change at any time and is not responsible for these websites nor their respective content nor their respective availability. The Company accordingly cannot and does not endorse or make any representations of any kind about these other websites even though you might get benefit from them. If you decide to use any of the links found on our Website, you do so entirely at your own risk.
Keeping it Confidential and Not
Disclaimer of Warranties
YOU AGREE TO USE THE WEBSITE AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT THE WEBSITE AND ALL ITS CONTENT IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS OR FREEDOM FROM ANY SORT OF MALICIOUS CODE. THE COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE ACCURACY OF ANY OR ALL THE CONTENT DISPLAYED ON THE WEBSITE.
Our Liability is Limited
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT YOUR SOLE REMEDY FOR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR PURCHASING FROM US SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE FOR THE PRODUCT PURCHASED VIA THE WEBSITE OR PURCHASED FROM THE COMPANY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT UNDER NO CIRCUMSTANCES WHATSOEVER WILL THE COMPANY, ITS AFFILIATES OR THEIR RESPECTIVE EMPLOYEES, OFFICERS OR DIRECTORS BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL, LOSS OF DATA, INCOME OR PROFIT, DAMAGE TO PROPERTY OF ANY KIND, DAMAGE TO REPUTATION, DAMAGE FROM TERMINATION AND/OR SUSPENSION OF YOUR ABILITY TO SELL PRODUCTS ON A MARKETPLACE, ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR FROM YOUR BUYING FROM US, WHETHER BASED IN TORT, A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THE WEBSITE OR WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE---EVEN IF THE COMPANY WAS FULLY OR SOMEWHAT AWARE OF THE CHANCE OF YOUR INCURRING SUCH DAMAGES.
You agree to defend, indemnify, and hold the Company, its affiliates, its agents, and their respective employees, officers and directors harmless from and against any and all claims, damages, losses, liabilities, costs and obligations (including attorneys’ fees) arising out of (a) your use of the Website; (b) your breach or alleged breach of these Terms; (c) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders in connection with your use of the Website; and (d) any misrepresentation made by you. You agree to use your best efforts to cooperate with the Company in the defense of any claim. This indemnification obligation survives termination of these Terms and your use of the Website.
Intended Website Audience
The Company operates this Website from the United States of America and makes no representation whatsoever that the Content is appropriate or will be available for use in locations outside the U.S.A. If you use this Website from outside the U.S.A, you are entirely responsible for compliance with applicable local laws, including but not limited to the export,import, and transportation regulations of the relevant countries. Unless otherwise explicitly stated in the Website, all Content is only directed towards individuals, businesses or other entities located in the U.S.A.
Resale and Personal Use Only
You represent that the only commercial purpose for which you are using the Website is to buy products for legitimate resale and that you (personally) and also your company which you bind to this entire contract when you make a purchase will be responsible for all payments and or damages to the Company for any other commercial use that harms the Company or its affiliates, employees, agents, or suppliers in any way. Notwithstanding the prior commercial limitation, purposely buying products on the Website for personal use, provided you are not directly or indirectly an employee or an agent or representative of an authorized distributor or manufacturer or trademark owner of any products which bear the name of any brand we sell, is permitted provided you pay applicable sales taxes, if any. If you are directly or indirectly an employee or an agent or representative of an authorized distributor or manufacturer or trademark owner of any products which bear the name of any brand we sell, you agree to additional terms and conditions which can be found at https://notjustperfume.com/termsappendix/
You are an independent contractor. Nothing contained in these Terms creates a partnership, joint venture, employer/employee, principal-and-agent, or any similar relationship between you and the Company.
The relationship between you and the Company is non-exclusive. You may buy competing products from whomever you wish and the Company may sell any and all of its products to anyone, including without limitation, if applicable, your direct and indirect competitors and your customers.
You agree that you will not disparage the Company, its affiliates, its agents, and their respective employees, officers and directors for reasons directly or indirectly related to use of the Website or related to purchasing from the Company. If you do violate this disparagement clause and make your disparagement public or partly-public, you agree, to the extent permitted by law, to promptly pay the Company $2,000 for each day the disparagement is in or partly in the public domain. These payments only represent part of the damages that the Company shall be entitled to for such disparagement. Filing a lawsuit or any publicly accessible legal motion against the Company, regardless of content of such suit or motion shall be deemed to be just one form of disparagement.
The Company will respond appropriately to notices of alleged copyright infringement that comply with the U.S. Digital Millennium Copyright Act (“DMCA”). If you own a copyright in a work (or represent such a copyright owner) and believe that the copyright in that work has been infringed on the Website, please send us a written notice that includes all of the information required by the DMCA. We will only respond to DMCA Notices received by certified mail or acknowledged e-mail at the addresses below:
4855 Alpine Dr., Stafford, TX 77477
(Attn: DMCA team)
e-mail: [email protected]
We reserve the right to terminate your use of the Website at any time, without notice and in our sole discretion. We reserve the right to refuse service to anyone and/or to refuse to sell or ship products to anyone for any reason at any time and even after your order has been accepted on the Website. In addition to the many other reasons which permit us to cancel any order at any time, all orders are subject to product availability. Even though all orders are subject to our $75 order minimum, we also reserve the right on a case-by-case basis to waive minimum order requirements at our sole discretion. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
No Manufacturer Relationships
Please note that we are not the manufacturer of any of the products we sell. We are only a seller of genuine brand name fragrances, skin care and other products. We are not associated directly or indirectly with any of the brands we sell on the Website, so please assume that manufacturer warranties do not apply. Trademarks used on the Website are intellectual property owned by their respective owners.
The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its internal law governing conflict of laws. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the State and Federal courts located in Houston, Texas. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, such invalidity shall not in any way affect the validity of any of the remaining provisions, which will remain in full force and effect. No waiver of any of these Terms will be deemed a waiver of any other term, and the Company’s failure to assert any particular right or particular provision under these Terms won’t constitute a waiver of such right or provision. Notwithstanding anything to the contrary contained herein, to the extent legally possible under prevailing law, all parties will make best efforts that any controversy or claim arising out of or relating to this contract, or the breach thereof, that cannot reasonably be settled by the parties shall be settled by arbitration administered in Houston, Texas by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. The arbitration shall be conducted by one arbitrator (the Arbitrator) with at least 10 years of experience in commercial matters. If the you and the Company are not able to agree upon the selection of an Arbitrator, within twenty days of commencement of an arbitration proceeding by service of a demand for arbitration, the Arbitrator shall be selected by the American Arbitration Association in accordance with the terms contained herein. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this section by bringing suit in any court of competent jurisdiction. The parties agree that the Arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of these Terms. Each party shall pay its own proportionate share of arbitrator fees and expenses plus the fees and expenses of the Arbitrator it designated and the arbitration fees and expenses of the American Arbitration Association The Arbitrator will be entitled to award the foregoing arbitration and administrative fees and expenses as damages in his/her discretion.
If any provision of these Terms is held by a court of competent jurisdiction or the Arbitrator to be contrary to law, then such provision(s) will be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of the Company to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless the Company in writing acknowledges and agrees to such waiver. The Terms comprises the entire agreement between you and the Company and supersede all prior or contemporaneous understandings, negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained in these Terms.
You recognize that if you are granted credit by us, that payments are due and payable to the Company and that we may at any time (including after you are late in a payment) send you an invoice showing the Company (or one of its assumed names) as the seller of record, effectively meaning that you have used this site as a way to purchase products from the Company (or one of its divisions). In any case, you irrevocably recognize that from inception of your order, your seller is the Company even though the initial invoice you received will have the Company's d/b/a NotJustPerfume.com listed as seller. Additionally, if we grant you credit you also acknowledge that all invoices are issued on a Net 30 days basis, whereby you promise to pay in no more than 30 days after the initial date of shipment.
If any provision of these Terms is potentially viewed by a court of competent jurisdiction or the Arbitrator to be vague or contradictory, then such provision(s) will be interpreted, as best as possible, to the full benefit of the Company.