Terms of service

OVERVIEW

Welcome to Make Your Scents! The terms “we”, “us” and “our” refer to Make Your Scents. Make Your Scents operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, as a customer, with a personalised shopping experience (the “Services”). Make Your Scents is powered by Shopify, which enables us to provide you with the Services.

The Terms of Service set out below, together with all related policies (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as 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 [here]. If you do not agree to these Terms of Service or our Privacy Policy, you must not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you consent to allowing any minor dependants under your care to use the Services on devices that you own, purchase or manage.

To use the Services, including to access or browse our online stores or purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment and shipping information. You represent and warrant that all information you provide in our stores is accurate, current and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities carried out through your account. You are not permitted to transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We have made every effort to provide accurate representations of our products and services in our online stores. However, please note that the colours or appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store, as well as your device settings and configuration.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be identical to the descriptions or representations displayed in our online stores.

All product descriptions are subject to change at any time and without notice, at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products we offer to any person, geographical region or jurisdiction, on a case-by-case basis.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase. Make Your Scents reserves the right to accept or reject your order for any reason, at its discretion. Your order is not accepted until Make Your Scents has confirmed its acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it, as Make Your Scents may be unable to accommodate cancellation requests once an order has been accepted. If we do not accept, modify or cancel an order, we will attempt to notify you by contacting the email address, billing address and/or telephone number provided when the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy [here].

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

SECTION 4 – PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be shown in your order confirmation email. Unless otherwise stated, displayed prices do not include taxes, shipping and handling charges, customs duties or import fees.

Prices displayed in our online stores may differ from prices offered in physical stores or in other online stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and are governed by separate Terms of Service. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms shall prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that (i) the credit card information you provide is true, accurate and complete; (ii) you are duly authorised to use the credit card for the purchase; (iii) the charges incurred by you will be honoured by your credit card issuer; and (iv) you will pay the amounts charged at the prices displayed, including shipping and handling charges and all applicable taxes, where relevant.

SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not responsible for delays caused by freight carriers, customs processing or events beyond our control. Once we transfer the products to the carrier, ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, without limitation, all trademarks, trade names, text, displays, images, graphics, product reviews, videos and audio, as well as their design, selection and arrangement, are the property of Make Your Scents, its affiliates or its licensors and are protected by United States and foreign patent, copyright and other intellectual property laws.

These Terms authorise you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants or shall be construed as granting you any licence or other rights under any patent, trademark, copyright or other intellectual property right of Make Your Scents, Shopify or any third party. Unauthorised use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Make Your Scents.

The names, logos, product and service names, designs and slogans of Make Your Scents are trademarks of Make Your Scents or its affiliates or licensors. You must not use these trademarks without the prior written consent of Make Your Scents. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may have access to customer tools provided by third parties through the Services, which we neither monitor nor control or influence.

You acknowledge and agree that we provide access to these tools “as is” and “as available”, without any warranties, representations or conditions of any kind and without any endorsement. We disclaim all liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms under which the tools are provided by the relevant third-party provider(s).

We may also introduce new features through the Services in the future, including the release of new tools and resources. These new features shall also be considered part of the Services and shall be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for reviewing or evaluating the content or accuracy of materials or third-party websites that you choose to access. If you decide to leave the Services to access such materials or third-party websites, you do so at your own risk.

We are not responsible for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources or content on third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be deleted or modified.]

Make Your Scents is powered by Shopify, which enables us to provide you with the Services. However, sales and purchases made through our Store are conducted directly with Make Your Scents. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Make Your Scents, including any injury, damage or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages and liabilities arising from or relating to your purchases and transactions with Make Your Scents.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [here], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

As the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than your country of residence, in order to provide you with the Services. Please refer to our Privacy Policy [here] for more details about how we, Shopify and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, fully royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium and for any purpose, including commercial purposes. For example, we may use the rights granted under this licence to operate, provide, evaluate, enhance, improve and promote the Services, and to fulfil our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation, and will have no obligation, to (1) maintain the confidentiality of your Feedback; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party’s intellectual property rights or violates these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene material, nor any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We assume no responsibility or liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, information on or within the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate, at any time and without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulation, rule, law or ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to send, knowingly receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or facilitate the sending of any advertising or promotional material, including any “junk mail”, “chain letters”, “spam” or other similar solicitations; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other conduct that restricts or prevents anyone from using or enjoying the Services, or that, in our opinion, may harm Make Your Scents, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that may be used in any way that affects or could affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites or the Internet. We reserve the right to suspend, disable or terminate your account at any time, without notice, if we believe that you have violated any part of these Terms.

SECTION 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion, at any time and without notice. You will remain liable for all amounts due up to and including the date of termination.

The following sections shall remain in effect after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which, by its nature, should survive termination.

SECTION 15 – DISCLAIMER OF WARRANTIES

Information presented on or through the Services is made available for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from