Incensum Fragrances Terms and Conditions

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Last Updated: May 20, 2017

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Incensum Fragrances provides all content, products and services available on this website to you, the user, subject to the following terms and conditions

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By accessing and using this website you, the user, agree and accept to be to bound to the terms and conditions of this agreement. If you do not agree to abide to these terms and conditions please exit and discontinue use of this website. 

 

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1. General

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This website is operated by Incensum Fragrances. Throughout the site and related site content such as email messages, the terms “we”, “us” and “our” may be used to refer to the Incensum Fragrances brand as the operating entity.

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Incensum Fragrances reserves the right to update or change the terms and conditions, terms of sale or privacy policy at any time. It is your responsibility as the user to check for updates or changes to these terms provided on this website through the respective pages. Your continued use of this website is subject to the acceptance of any updates applied to the terms and policies.

 

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2. Accuracy of Information

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The information provided on this website, including promotions and email content as related to this website, has been thoughtfully researched and compiled by Incensum Fragrances. It is the intent of Incensum Fragrances to present information that is true to the best of our knowledge but is not guaranteed to be accurate. "Creative Content", depictions and statements contained on this website other than product information, terms and conditions, terms of sale and privacy policies, are intended for artistic and entertainment value. They are not meant to be presented as or used for academic level purposes, nor are they intended to offend any persons or parties based on race, ethnicity, age, gender, religion or sexual orientation. Incensum Fragrances reserves the right to take liberties with this information presented for creative expression.

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Incensum Fragrances seeks to be accurate when describing products, sales processes or shipping services however information, item descriptions or other content on this website is not guaranteed by Incensum Fragrances to be accurate, current, or complete. This website may contain technical flaws, typographical errors or unintended omissions. For any questions regarding products, processes, terms of sales or shipping services it is the responsibility of the user to contact Incensum Fragrances at will to seek information.

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Incensum Fragrances reserves the right to modify the contents and information of this site at any time, but are under no obligation to make any updates to the content and information contained within this site.

 

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3. Copyrights

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The Incensum Fragrances website and all content contained within this website is copyrighted by Incensum Fragrances. All content including intellectual property of any nature, whether registered or unregistered, including any designs, images, videos, logos, illustrations, literary works, products and any other materials created by Incensum Fragrances are the property of Incensum Fragrances and may not be reproduced, resold, modified, published or distributed.

 

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4. Data & Privacy

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The Incensum Fragrances Privacy Policy governs the use of any personal information that is provided to or collected by Incensum Fragrances through the use of this website.

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The Incensum Fragrances website is not intended for use by minors. By agreeing to our terms and conditions and engaging in the use of our website you are agreeing that you are 18 years of age or older. Incensum Fragrances does not knowingly collect or solicit information from persons under the age 18 (including those under the age of 13).

In conjunction with the Incensum Fragrances’ Privacy Policy, you, the user, agree that Incensum Fragrances may retain any transmissions or communications between you and Incensum Fragrances through our website or through email correspondences to Incensum Fragrances and may disclose such data if deemed necessary to enforce these terms and conditions, in response to any litigation, to protect the rights, security or safety of Incensum Fragrances, any of its’ personnel or it’s users or if required to do so by law.

 

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5. General Terms of Sale

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Incensum Fragrances, upon acceptance of an order placed by you, the customer, will supply the products and services specified in the order confirmation, in accordance with the terms and conditions of this agreement. The details of the sale (e.g. quantity, price, and product specifications) shall be set forth in the relevant order confirmation.

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These terms and conditions of sale (“Agreement”) are applicable to any order placed with and accepted by Incensum Fragrances. The products, also referred to as goods, supplied by Incensum Fragrances which are subject to the terms and conditions set forth here-within include but are not limited to any fragrance products or any other products produced by or branded as "Incensum Fragrances".

 

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6. Refusal of Services or Sales

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Incensum Fragrances reserves the right to refuse service to any parties at any point in time that are in violation or appear to be in violation of the "use restrictions and prohibitions" or "agreement of products and services for personal use", including any transactions that appear to be made by parties that are vendors, dealers, resellers or distributors.

 

Incensum Fragrances is currently only able to accept orders in which transactions are based in the United States. If you, the user, attempt to make a purchase outside the United States region your transaction including any attempted payment transaction may be blocked, refused or unaccepted.

 

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7. Availability and Limitations of Products

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Incensum Fragrances reserves the right to limit the quantities of products being sold per product, per order, per person, per billing information or per delivery location. All products offered by Incensum Fragrances are subject to availability.

 

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8. Pricing, Payment & Taxes

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The products sold through our online store are in United States dollars. All products being shipped to a California address are subject to sales tax at the current tax rate. Purchases shipped to an address outside of California are not subject to sales tax. Sales tax is not included in the product prices and will be added during the checkout process where applicable. Shipping costs are not included in the prices of the products. All shipping costs will be determined during checkout and are based on the shipping service type, the weight of the shipment and the delivery location.

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Accepted payment forms are major credit cards or "Paypal" payments. Payment is due immediately upon completion of an order confirmation made through our online store.

 

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9. Changes to Products, Pricing or Services

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Incensum Fragrances reserves the right to modify, suspend or discontinue any products or services at any time. Pricing of products are subject to change at any time without notice. Incensum Fragrances is not liable for any modifications or discontinuations made by our vendors to the materials used in making our products. Incensum Fragrances is not liable for any suspension or discontinuance of services made by our service providers in relation to the operations of Incensum Fragrances.

 

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10. Samples

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Where a sample of the products is displayed on this website, or provided to and inspected by the user, customer or potential customer, the parties related to this matter accept that such a sample is representative in nature and final product sold may differ slightly as a result of the manufacturing process.

 

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11. Display of Products

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Incensum Fragrances makes every attempt to display its’ products in an accurate manner including size, design and coloring. Incensum Fragrances is not liable for any inaccuracies of products displayed on this website. Incensum Fragrances reserves the right to take creative liberties with displaying our products in any sections of this website other than our online store pages. Incensum Fragrances does not guarantee the accuracy of the user’s computer monitor color display of our products or website content. If you, the user, have any questions regarding our products it is the responsibility of the user to contact us at will.

 

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12. Agreement of Products and Services for Personal Use

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The products sold or samples provided by Incensum Fragrances are for the personal use by the user. The user may not use any products sold or provided by Incensum Fragrances for any illegal or unauthorized use. The user may not use the products for commercial resale. Any other commercial use of Incensum Fragrance products is prohibited except where written permission is given by Incensum Fragrances.

 

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13. Accuracy of User Information

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You, the user, agree to supply account information including billing, shipping and contact information that is accurate, complete and current so that we, Incensum Fragrances, may proceed to process your transactions, fulfill your orders and contact you in a timely manner as needed. Any failure to do so may result in cancellation of orders.

 

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14. Order Processing

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Incensum Fragrances’ products are made to order by hand. Please allow up to 2 weeks for order processing. This is the time allotted to make your product and put your order together prior to shipping.

 

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15. Returns, Exchanges & Cancellations

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Due to the nature of products being sold, purchases cannot be returned or exchanged. Incensum Fragrances strongly recommends taking advantage of our sample offerings for any first-time purchases. Incensum Fragrances accepts cancellations within 2 days of purchase. Please contact us to request an order cancellation.

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Incensum Fragrances reserves the right to cancel any orders at any time without liability. In such cases Incensum Fragrances will not accept or will refund any payments submitted and will make every effort to notify you, the customer, in a timely manner.

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Please contact us if there are any problems with your product or order and a resolution will be determined on a case by case basis. Please check our F.A.Q. page before contacting us, and if you still have questions or concerns please contact us at info@incensumfragrances.com or through our contact page on this website.

 

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16. Shipping and Delivery

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Products ordered through the Incensum Fragrances website may only be delivered to locations within the continental United States. Currently Incensum Fragrances is unable to ship to any U.S. territories or countries outside the U.S.

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Incensum Fragrances offers a flat-rate shipping cost currently at the rate of $5.95 on all orders.

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All shipments will be shipped via United States Postal Service (USPS) via ground shipping as deemed necessary by USPS due to the restrictions placed on liquids and fragrance products. All shipments, excluding any free-samples in which no payment is collected, will be accompanied by tracking information. All shipments $45 or over will include shipping insurance. Shipping transit time is determined by the delivery location and begins once the courier has taken possession of the shipment. Average ground transit times within the U.S. are 2-8 days, please refer to the respective tracking information for the transit/delivery time specific to your order. Please do not include the allotted 2-week order processing time in the calculated shipping transit time.

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Please check your orders promptly after they are delivered. If there are any issues or damages to your shipment please file a claim with USPS within 48 hours, as well as contacting us, Incensum Fragrances, at info@incensumfragrances.com for further resolutions to be made if necessary. All resolutions will be determined on a case by case basis.

 

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17. Third-Party Links

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The Incensum Fragrances website may contain links to third-party websites which are provided as a convenience to the user and are not operated by Incensum Fragrances. Incensum Fragrances is not liable or responsible for the information, content, products and services provided by such third-party websites, nor any damages occurred from such use. All questions or concerns regarding these third-party websites should directed to the operating parties of these website, including referring to the terms and conditions that govern these third-party websites which are in no way connected to Incensum Fragrances.

 

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18. Disclaimer; Limited Liability

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The contents, products and services provided by this site are on an “as is” and “as available” basis without warranty. Incensum Fragrances makes no representations, guarantees or warranties, either expressed or implied, as to this website, or any products or services offered by or sold through Incensum Fragrances. To the fullest extent permissible by applicable law, Incensum Fragrances disclaims all warranties, either expressed or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Incensum Fragrances does not guarantee or warrant that this website is free from any malware or other destructive material. Incensum Fragrances does not guarantee or warrant that that content and information provided on this website is accurate, up to date and complete. Incensum Fragrances also does not guarantee or warrant that any products or services provided or sold by or through Incensum Fragrances is uninterruptable, free of defects, or that any defects or inaccuracies will be corrected. 

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You, the user, agree that your usage of this website and of the products and services provided, sold by or through Incensum Fragrances is solely at your own risk and that you assume full responsibility for any losses or damages incurred in connection the to the use of this website, the services provided, or the products sold. You agree that Incensum Fragrances is not liable for any personal injury or property damage resulting from the improper handling, modification or misuse of products by you, the user, or any other persons upon delivery by Incensum Fragrances.

 

If, notwithstanding the other provisions of these terms and conditions, Incensum Fragrances is found to be liable to you, the user or customer, for any losses or damages incurred in connection to this website, or the services and products provided by Incensum Fragrances, our liability is strictly limited and shall not exceed the amount you paid for the purchase of the services or products, if any, to Incensum Fragrances.  

 

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19. Indemnity

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You agree to defend, indemnify and hold Incensum Fragrances, our affiliates, partners, licensors, shareholders, suppliers, service providers, contractors, subsidiaries, employees, officers, or directors harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from your use of this site or site content.

 

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20. Use Restrictions and Prohibitions

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You, the user, are prohibited from using this website, contents, services or products provided in any unlawful manner, to solicit any participation of any illegal activity, in a manner that infringes on the rights of Incensum Fragrances, including intellectual property rights or the rights of others, to submit false or misleading information, to transmit any malicious content that will interfere or attempt to interfere with the operations, proper functioning and security of this website including but not limited to any transactions made on this website or usage by other users, to hack, collect or attempt to collection any personal information on any other users of this website, to exploit this website or any information or services offered by or through this website, to circumvent the security of this website or gain access to any unauthorized sections or features of this website. You, the user, also may not use the contents of this website, services, or products provided to harass or discriminate against any other persons or groups based on race, ethnicity, gender, age, religion or sexual orientation. Incensum Fragrances reserves the right to terminate your usage of this website upon violation of these prohibitions.

 

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21. Termination of Services or Sales

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In the event that Incensum Fragrances determines that any portion of the terms and conditions have been violated, there is a failure to comply with these terms and conditions or if information transmitted to Incensum Fragrances through our website or through email correspondences to Incensum Fragrances is deemed inappropriate, destructive or violates the security of Incensum Fragrances, actions may result in the termination of service or sales provided by Incensum Fragrances to the user without liability to Incensum Fragrances.

 

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22. Force Majeure

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Either party shall not be held liable for failure of or delay in performing its obligations under this terms and conditions agreement if such failure or delay is the result of events beyond either parties control such as natural disasters, including earthquake, hurricane, tornado, flooding, or other natural disaster, nuclear attack, or in the case of war, action of foreign enemies on civil affairs, terrorist activities, labor dispute or strike, government imposed sanctions or embargoes, loss or failure of electrical service or utilities that prevents communication or computer access. The non-performing party must make every reasonable attempt to minimize delay of obligation. In the event force majeure exceeds 120 days, either party may terminate the Agreement, repaying the full amount of the purchase within 10 days of termination notice.

 

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23. Severability

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If any provision of this Agreement is declared void, invalid, or illegal by any governmental, judicial or arbitral authority, the validity or legality of any of the other provisions and of the entire Agreement shall not be affected thereby and the parties shall replace such provision with one as near in substance as possible to the original provision.

 

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24. Governing Law and Jurisdiction

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The terms and conditions set forth by Incensum Fragrances shall by governed by and construed in accordance with the laws of the State of California. You, the user, agree and consent to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles.

 

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25. Changes to Terms and Conditions

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Incensum Fragrances reserves the right to modify, update or replace any portion of these terms and conditions at any time by posting updates and changes on our website which can be viewed here on this page. It is your responsibility as the user, to monitor any changes made to this website, including any changes to these terms and conditions. Your continued use of this website constitutes agreement and acceptance of these changes.

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26. Contact Information

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If you have questions regarding our terms and conditions you can contact us at info@incensumfragrances.com.