Terms of service

OVERVIEW

Welcome to VinScents! The terms “we,” “us,” and “our” refer to VinScents. VinScents operates this store and website, including all related information, content, features, tools, products, and services provided to you (the “Services”). VinScents is powered by Shopify, which enables us to provide the Services.

These terms and conditions, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability.

By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy: https://vinscents.shop/policies/privacy-policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.

SECTION 1 – ACCESS AND ACCOUNTS

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You also represent that you have provided consent for any minor dependents to use the Services through devices you own, purchase, or manage.

To access or use certain Services, you may be asked to provide information such as your email address, billing information, payment information, and shipping address. You represent that all information you provide is accurate, current, and complete.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make every reasonable effort to accurately represent our products and services. However, product colors and appearances may differ based on lighting, photography, screen settings, and the device used to access our store.

We do not guarantee that the appearance or perceived quality of a product will exactly match photographs or other representations displayed through the Services.

Product descriptions may be changed without notice. We reserve the right to discontinue products or limit the quantities available to any person, geographic region, or jurisdiction.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. VinScents reserves the right to accept, decline, modify, or cancel an order for any lawful reason.

An order is not accepted until VinScents confirms acceptance and successfully processes payment. Please review your order carefully before submitting it, as we may be unable to accommodate cancellation or modification requests after processing has begun.

If we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, or telephone number provided with your order.

Purchases are subject to our Refund Policy: https://vinscents.shop/policies/refund-policy.

You represent that purchases are for your own personal or household use and not for unauthorized commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged will be the price shown when the order is submitted and will appear in your order confirmation.

Unless expressly stated otherwise, posted prices do not include shipping, handling, customs charges, import fees, or applicable taxes.

Prices offered through our website may differ from prices offered through third-party marketplaces, social media platforms, promotions, or other sales channels.

Promotions may be subject to separate terms. If promotional terms conflict with these Terms, the specific promotional terms will control.

You agree to provide accurate and complete purchase, payment, and account information. You represent that you are authorized to use the selected payment method and agree to pay all properly disclosed charges associated with your order.

SECTION 5 – SHIPPING AND DELIVERY

Processing and delivery times are estimates and are not guaranteed. VinScents is not responsible for delays caused by shipping carriers, weather, customs processing, incorrect addresses, or circumstances outside our reasonable control.

Customers are responsible for providing a complete and accurate shipping address. Additional shipping charges resulting from an incorrect or incomplete address may be the customer’s responsibility.

Once an order is transferred to the shipping carrier, title and risk of loss pass to the customer to the fullest extent permitted by applicable law. Nothing in this section limits any rights or protections that cannot legally be waived.

SECTION 6 – INTELLECTUAL PROPERTY

The Services, including VinScents branding, original text, displays, images, graphics, videos, audio, and the arrangement of those materials, are owned by VinScents or its licensors and may be protected by United States and international intellectual-property laws.

These Terms permit you to use the Services for personal, noncommercial purposes only. You may not reproduce, distribute, modify, republish, download, store, display, or transmit materials from the Services without prior written permission, except as permitted by law.

Nothing in these Terms grants you ownership of, or a license to use, the intellectual property of VinScents, Shopify, fragrance manufacturers, or any other third party.

VinScents names, logos, original designs, and slogans may not be used without prior written permission. Shopify’s name, logos, designs, and slogans belong to Shopify. Other brand names, fragrance names, logos, and trademarks displayed through the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to tools operated by third parties that we do not control or monitor.

These tools are provided “as is” and “as available” without warranties, representations, conditions, or endorsement. Your use of optional third-party tools is at your own risk and discretion.

You should review and approve the applicable third party’s terms before using its tools. New features and resources offered through the Services will also be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may include materials, functionality, or links provided by third parties. VinScents is not responsible for examining or evaluating the content, security, accuracy, or practices of third-party websites or services.

If you leave our Services to access a third-party website, you do so at your own risk. VinScents is not liable for harm or damages arising from third-party content, products, services, or websites.

Questions or complaints regarding third-party products or services should be directed to the applicable third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

VinScents is powered by Shopify, which enables us to provide the Services. However, purchases made through our store are transactions directly between you and VinScents.

Shopify is not responsible for any aspect of a sale between you and VinScents, including injury, damage, or loss arising from purchased products or services. To the fullest extent permitted by law, you release Shopify and its affiliates from claims arising from transactions with VinScents.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy: https://vinscents.shop/policies/privacy-policy.

Certain information may also be subject to Shopify’s Privacy Policy: https://www.shopify.com/legal/privacy/app-users.

Because Shopify hosts the Services, Shopify may collect and process information regarding your access to and use of the Services. Information you submit may be transmitted to Shopify and other service providers, including providers located outside your state or country, as necessary to operate and improve the Services.

SECTION 11 – FEEDBACK

If you submit reviews, suggestions, photographs, videos, ideas, proposals, or other content (“Feedback”), you grant VinScents a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for lawful business and promotional purposes.

You represent that you own or possess the necessary rights to the Feedback, have disclosed any compensation or incentive associated with it, and that the Feedback does not violate these Terms or another person’s rights.

We are not obligated to maintain Feedback in confidence, provide compensation, or respond. We may monitor, edit, or remove Feedback that we determine is unlawful, offensive, misleading, abusive, obscene, defamatory, or otherwise objectionable.

You may not use a false identity or email address or misrepresent the origin of Feedback. You remain solely responsible for the accuracy and legality of your Feedback.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

The Services may occasionally contain typographical errors, inaccuracies, or omissions concerning product descriptions, availability, pricing, promotions, shipping charges, or estimated delivery times.

We reserve the right to correct errors, update information, or cancel an affected order at any time, including after an order has been submitted. If a paid order is canceled by VinScents, any amount owed will be returned through the original payment method as required by law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You may not use the Services to:

  • Violate federal, state, local, or international laws or regulations.

  • Infringe the intellectual-property or privacy rights of another person.

  • Harass, threaten, abuse, defame, or harm another person.

  • Submit false, fraudulent, or misleading information.

  • Transmit malware, viruses, spam, phishing attempts, or malicious code.

  • Impersonate another person or organization.

  • Collect or track another person’s information without authorization.

  • Reproduce, resell, exploit, or interfere with any part of the Services.

  • Bypass security, authorization, access-control, or anti-automation measures.

  • Use automated systems to access or scrape the Services in violation of these Terms.

We may restrict, suspend, or terminate access if we reasonably determine that these Terms have been violated.

SECTION 14 – AUTOMATED AGENTS

This section applies when automated or semi-automated software accesses or interacts with the Services.

Automated agents may not conceal their identity, falsely imitate human behavior, circumvent CAPTCHAs, bypass access restrictions, or interfere with security measures.

We may use technical measures to control, limit, or block automated access to the Services.

SECTION 15 – TERMINATION

We may suspend or terminate your access to the Services if you violate these Terms, misuse the Services, engage in fraud, or create a risk of harm or liability.

You remain responsible for amounts properly owed before termination.

Sections concerning intellectual property, feedback, warranty disclaimers, liability, indemnification, governing law, and other provisions that naturally survive termination will remain effective.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information provided through the Services is made available for general informational purposes. We do not guarantee that information will always be accurate, complete, current, or useful.

Except as expressly stated by VinScents, the Services and products are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, whether express or implied.

To the fullest extent permitted by law, VinScents disclaims implied warranties of merchantability, fitness for a particular purpose, durability, title, and noninfringement.

We do not guarantee that the Services will always be uninterrupted, timely, secure, or error-free. Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, VinScents and its partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, punitive, special, or consequential damages arising from the Services or products purchased through the Services.

This includes lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or another legal theory.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless VinScents, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, and reasonable legal expenses arising from:

  • Your material breach of these Terms.

  • Your violation of applicable law.

  • Your violation of another person’s rights.

  • Your misuse of the Services.

We will provide reasonable notice of an indemnifiable claim. You agree to reasonably cooperate in its defense.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed from these Terms.

The remaining provisions will continue in full force and effect.

SECTION 20 – WAIVER AND ENTIRE AGREEMENT

Our failure to enforce a provision of these Terms does not waive our right to enforce it later.

These Terms, together with the policies and operating rules posted through the Services, constitute the entire agreement between you and VinScents concerning your use of the Services and supersede prior communications or agreements concerning that use.

SECTION 21 – ASSIGNMENT

You may not transfer, assign, or delegate these Terms or your rights and obligations under them without our prior written consent.

VinScents may transfer or assign these Terms and its rights and obligations as part of a merger, sale, reorganization, or transfer of the business, subject to applicable law.

SECTION 22 – GOVERNING LAW

These Terms and any separate agreements through which VinScents provides Services will be governed by the laws of the State of Delaware, without regard to conflict-of-law principles.

You and VinScents consent to venue and personal jurisdiction in the applicable state and federal courts located in Delaware, to the extent permitted by law.

SECTION 23 – HEADINGS

Section headings are included for convenience and do not limit or otherwise affect the meaning of these Terms.

SECTION 24 – CHANGES TO THESE TERMS

You may review the current version of these Terms at any time on this page.

We reserve the right to update, change, or replace portions of these Terms by publishing the revised Terms through our website.

Material changes will be communicated when required by law. Your continued use of the Services after revised Terms become effective constitutes acceptance of those changes.

SECTION 25 – PRODUCT AND PACKAGING NOTICE

Due to the hand-decanting process, fill levels may vary slightly. Product colors may also appear different depending on lighting, photography, and screen settings.

VinScents does not alter or dilute the fragrances offered.

Unless specifically stated otherwise, purchases include only the selected decant atomizer. Purchases do not include the original manufacturer’s bottle, box, cap, or retail packaging.

Images of original fragrance bottles may be displayed solely for product identification and informational purposes.

SECTION 26 – TRADEMARK DISCLAIMER

VinScents is an independent fragrance decant retailer. VinScents is not affiliated with, authorized by, sponsored by, or endorsed by any fragrance manufacturer or trademark owner.

All brand names, fragrance names, product names, logos, trademarks, and product images displayed through the Services belong to their respective owners. They are used solely to identify and describe the authentic fragrances offered by VinScents.

Products sold by VinScents are independently transferred from genuine retail bottles into smaller, clearly labeled atomizers.

These decants are prepared and packaged by VinScents. They are not manufactured, bottled, packaged, authorized, or endorsed by the original fragrance manufacturers.


SECTION 27 – CONTACT INFORMATION

Questions regarding these Terms of Service may be sent to:

VinScents
Vinnysfragrances@gmail.com