Last update: 11/04/2022
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://theperfumeculture.com/ website (the “Service”) operated by TiAAC (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
TERMS OF SALE
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our notice for further information. In order to contract with TiACC you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. TiACC retains the right to refuse any request made by you. If your order is accepted, we will inform you by email, and we will confirm the identity of the party which you have contracted with. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes
OUR CONTRACT
When you place an order, you will receive an e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact, we will treat the order as cancelled. If you cancel, and you have already paid for the goods, you will receive a full refund.
The prices quoted on this Website are final prices, which may vary either higher or lower than the prices proposed by our partner. You acknowledge that the prices quoted on the Website at the time of ordering will be honoured. Where applicable, prices are inclusive of VAT at the rate appropriate to the country of receipt within the EU. VAT is not included in our prices for customers outside the EU. Orders to countries outside EU, USA, Japan may be subject to local VAT, import duties and/or taxes, which are levied once your package reaches your country.
TiAAC ships your package according to Incoterm Delivered Duty Unpaid (DDU), which means we do not collect VAT, duties and/or taxes on orders to countries outside the EU, USA, Japan and we cannot predict what your particular charges may be. If you do incur any such additional charges they must be rendered in order for your package to clear customs. Please contact your local customs office for more information. If your country is part of the European Union (EU), prices might include VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
TiAAC is not responsible for any changes in currency value or conversion rates that your bank or credit card company may use when charging in your country’s currency.
Stock levels are subject to availability, and we do our best to ensure all orders are packed accordingly to the desired quantities and styles. Should any order not be fulfilled by our warehouse upon packing due to items becoming out of stock, we will inform you of this as soon as possible. We will refund you for the out-of-stock item(s) upon packing and send the rest of your goods. We do not hold any orders and cannot cancel orders at this point of the process. Orders will be packed and shipped as usual in our normal processes and procedures.
INTELLECTUAL PROPERTY
Unless otherwise noted, all materials, including, but not limited to, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by TiAAC.
The Contents, and the Site as a whole, are intended solely for personal, non-commercial use by the users of the Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal, non-commercial use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. The Site as a whole is protected by copyright and trade dress and all worldwide rights, titles and interests in and to the Site are owned by TiAAC
SITE TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. If your payment method has already been charged for an order that is later cancelled, TiAAC shall issue you a refund.
USER GENERATED CONTENT
Generally
By posting, distributing, sending or displaying any comment, message (including email), data, information, text, music, sound, photos, graphics, or other content (the “User Generated Content”) to the Site, you (A) grant, and represent and warrant that you have the right to grant, to TiAAC a non-exclusive, royalty-free, perpetual, transferable, irrevocable, fully paid and sub-licenseable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform, the User Generated Content throughout the world; (B) grant TiAAC and its affiliates and sublicensees the right to use the name that you submit in connection with such User Generated Content; and (C) represent and warrant that (i) you own and control all of the rights to the User Generated Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such User Generated Content to or through the Site; (ii) such User Generated Content is accurate and not misleading; and (iii) use and posting or other transmission of such User Generated Content does not violate these Conditions and will not violate any rights of, or cause injury to, any person or entity. You further grant TiAAC the right to pursue at law any person or entity that violates your or TiAAC’s rights in the User Generated Content by a breach of these Conditions. User Generated Content submitted by users is deemed non-confidential, and TiAAC is under no obligation to treat such User Generated Content as proprietary information. Without limiting the foregoing, TiAAC reserves the right to use the User Generated Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. TiAAC is under no obligation to offer you any payment for User Generated Content or to attribute authorship of User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (A) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (B) you do not oppose the publication, use, modification, deletion and exploitation of the User Generated Content by TiAAC or its agents; (C) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (D) you release TiAAC from any claims that you could otherwise assert against TiAAC by virtue of any moral rights.
Comments and Submissions
Anything that you submit or post to the Site and/or provide TiAAC, including, without limitation, comments, feedback, suggestions, reviews, ideas and questions (collectively, “Comments”) is and will be treated as non-confidential and non-proprietary, and TiAAC shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Comments by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of TiAAC and shall not be returned to you. TiAAC spond to any Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. You agree that TiAAC may use and/or disclose information consistent with our Privacy Policy.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless TiAAC from and against any and all claims, charges, complaints, damages, losses, liabilities, costs, and expenses (including attorneys’ fees), arising from or relating in any way to your use of the Site.
CHOICE OF LAW
These Conditions shall be construed in accordance with the laws of France, without regard to any conflict of law provisions. Any dispute arising under these Conditions shall be resolved exclusively by the country of France.
For EU countries, an eventual conflict between seller and buyer could be resolved with the EU website Online Dispute Resolution (ODR). More information on rules for your country are specified here:
TERMINATION
These Conditions are effective unless and until terminated by either you or TiAAC. You may terminate these Conditions at any time. TiAAC also may terminate these Conditions at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in TiAAC’s sole discretion you fail to comply with any term or provision of these Conditions. The Conditions relating to Intellectual Property, Indemnification, Disclaimer, Limitation of Liability and Choice of Law shall survive any termination.
DISCLAIMER
This site and the materials and products on this site are provided “as is” and without warranties of any kind. To the fullest extent permitted by law, TiAAC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. TiAAC does not represent or warrant that this site will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available are free of viruses or anything else harmful. TiAAC does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. TiAAC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
In no event shall TiAAC or any of its affiliated entities or suppliers be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, the site; (b) the performance of the services, products and materials available from the site; or (c) the conduct of other users of the site, even if TiAAC has been advised of the possibility of such damages. You assume total responsibility for your use of the site. Your only remedy against TiAAC for dissatisfaction with the site or any content is to stop using the site.
MISCELLANEOUS
Unless otherwise specified and except to the extent TiAAC products are offered for sale in the select foreign markets through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting TiAAC’s products and services available in the select foreign markets. This Site is controlled and operated by TiAAC from its postal office at 30/32 Bld de Sébastopol 75004 Paris, France. These Conditions including, without limitation, any other Conditions that may appear on the Site from time-to-time contain the full understanding with respect to your use and access of the Site and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such use and access of the Site. If any portion of these Conditions is held to be invalid or unenforceable, the invalid or unenforceable portion shall be modified in accordance with the applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of these Conditions shall remain in full force and effect. A printed version of these Conditions and of any notices given to you in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The failure of TiAAC to insist upon or enforce strict performance by you of any provision of these Conditions shall not be construed as a waiver of any provision or right. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Conditions. We may provide notice to you relating to the Site and/or these terms and conditions by sending an e-mail to your last known e-mail address, and any such notice shall be deemed given and received on the day it is sent. You agree that any cause of action that you may desire to bring arising out of or related to these Conditions and/or the Site must commence within one (1) year after the cause of action arises; otherwise, such cause of action shall be permanently barred. You may not use the Site or export the Content in violation of laws and regulations. If you access the Site from a location outside of France, you are responsible for compliance with all local laws.
If you have any questions about these Terms, please contact us via contact@theperfumeculture.com.
