Auto Refill & Save
Fragrance Market Auto Refill & Save Subscription Terms & Conditions
This is a Subscription Service That Automatically Renews
PLEASE CAREFULLY READ THESE TERMS & CONDITIONS BEFORE ENROLLING IN THE FRAGRANCE MARKET AUTO REFILL & SAVE AUTO-RENEWING SUBSCRIPTION SERVICE. BY SIGNING UP FOR AUTO REFILL & SAVE, YOU EXPRESSLY AGREE TO THESE TERMS & CONDITIONS, WHICH INCLUDE A WAIVER OF CLASS-ACTION AND JURY TRIAL RIGHTS, AND LIMITATIONS ON LIABILITY, AS DETAILED BELOW.
The following terms and conditions ("Terms") govern your participation in the Fragrance Market Auto Refill & Save Subscription ("Auto Refill & Save"). These Terms are between you and Fragrance Market., and/or its affiliates, ("Fragrance Market," "we," or "us"), and define our respective rights and obligations. These Terms, along with any additional terms and conditions related to promotional offers provided for use with the Auto Refill & Save program, constitute the complete agreement between you and Fragrance Market concerning your Auto Refill & Save program subscription.
Please be aware that your use of the Fragrance Market website is also subject to additional terms and conditions, including Fragrance Market's Terms of Service, our Privacy Policy, and any other applicable terms, conditions, limitations, and requirements that may be posted on the FragranceMarket.com website from time to time.
Fragrance Market reserves the right to change or modify any of the terms and conditions contained in the Auto Refill & Save Subscription Terms & Conditions, Guidelines, and Rules at any time, without notice, and at its sole discretion. If Fragrance Market decides to update these Auto Refill & Save Subscription Terms & Conditions, the latest version will be posted on the Sites with the date updated above. ANY CHANGES OR MODIFICATIONS TO THIS AUTO REFILL & SAVE SUBSCRIPTION TERMS & CONDITIONS, GUIDELINES, OR RULES WILL BECOME EFFECTIVE IMMEDIATELY UPON POSTING. THE UPDATED AUTO REFILL & SAVE SUBSCRIPTION TERMS & CONDITIONS WILL REPLACE THE PREVIOUS VERSION AND WILL APPLY TO ANY FUTURE DISPUTES BETWEEN THE PARTIES, REGARDLESS OF WHEN THE DISPUTED INTERACTIONS OCCURRED.
Enrollment in the Auto Refill & Save Program is available exclusively to Fragrance Market reward program members. If you are not a member, you can join for free by visiting our website.
1. Benefits of Auto Refill & Save
- When you purchase a product at FragranceMarket.com and enroll in the Auto Refill & Save program, you agree to receive ongoing shipments of that product at a frequency of your choice. You will be billed for each shipment at the price indicated (which may change with notice to you). Shipping for Auto Refill & Save orders is free.
2. Eligible Purchases
- Auto Refill & Save membership benefits are limited to certain products sold by Fragrance Market on the FragranceMarket.com website; eligibility will be indicated on the product page
- Additional restrictions apply: Auto Refill & Save delivery is available only in the contiguous 48 U.S. States (including P.O. Boxes). Hawaii and Alaska are excluded from free shipping and will have a flat rate of $15 on all orders.
- The Auto Refill & Save FAQs (frequently asked questions) offer further details on how the program works.
3. Other Limitations
- Fragrance Market reserves the right to accept, refuse, or terminate Auto Refill & Save program membership at its sole discretion.
- Your Auto Refill & Save membership and any associated benefits are non-transferable and cannot be assigned to another person.
- Auto Refill & Save program benefits cannot be used for shipping products intended for resale.
4. Other Limitations
- By joining the Auto Refill & Save program, you authorize Fragrance Market to automatically charge the designated prices for the selected products to your payment method on file repeatedly until you choose to modify or cancel your subscription as described. Applicable taxes may apply to products ordered through the Auto Refill & Save program and will be shown with your order.
5. Membership Auto Refill & Save, Preferences, and Cancellation Notices
- When you enroll in the Auto Refill & Save program for a specific product, that product will be automatically shipped to you in quantities and at the chosen frequency. After subscribing, you can manage your preferences, including delivery frequency and product quantity, by visiting the Auto Refill & Save Subscription Hub under your profile on FragranceMarket.com.
- YOU MUST ACTIVELY CANCEL YOUR AUTO REFILL & SAVE SUBSCRIPTION BEFORE THE DEADLINE SPECIFIED IN THE EMAIL REMINDER. IF YOU DO NOT, YOUR NEXT SHIPMENT WILL BE PROCESSED AUTOMATICALLY, AND YOU WILL BE CHARGED.
- IF YOU WISH TO CANCEL YOUR AUTO REFILL & SAVE SUBSCRIPTION, you can do so anytime by visiting the Auto Refill & Save Subscription Hub under your profile on FragranceMarket.com.
6. Changes to the Auto Refill & Save Subscription
- When you enroll in the Auto Refill & Save program for a specific product, that product will be automatically shipped to you in quantities and at the chosen frequency. After subscribing, you can manage your preferences, including delivery frequency and product quantity, by visiting the Auto Refill & Save Subscription Hub under your profile on FragranceMarket.com.
7. Termination By Us
- We reserve the right to terminate or suspend your Auto Refill & Save membership at our sole discretion and for any reason, without prior notice. If this happens, you will only be billed for orders that have already been shipped or are in the process of being shipped to you.
8. Limitation of Liability
- IN ADDITION TO THE LIMITATIONS AND EXCLUSIONS OUTLINED IN FRAGRANCE MARKET’S TERMS OF USE, NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBSIDIARIES, JOINT VENTURES, THIRD-PARTY SERVICE PROVIDERS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER TYPE OF DAMAGES RELATED TO THE AUTO REFILL & SAVE PROGRAM OR YOUR MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER ARISING FROM CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE LAST ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE FULLEST EXTENT ALLOWED BY LAW AND WILL REMAIN IN EFFECT EVEN IF YOUR AUTO-SHIP & SAVE MEMBERSHIP IS CANCELED OR TERMINATED. CERTAIN STATE LAWS MAY NOT PERMIT THE EXCLUSION OR LIMITATION OF SPECIFIC DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. THIS PROVISION DOES NOT APPLY TO RESIDENTS OF NEW JERSEY.
9. Dispute Resolution
- If a dispute arises between you and Fragrance Market, we aim to resolve it efficiently and cost-effectively through our customer service team. Most customer service issues can be addressed to your satisfaction by contacting us phone at 877-363-0553, by chat via FragranceMarket.com or by emailing info@fragrancemarket.com.
- If our customer service team is unable to resolve your dispute, these Terms outline the process we will follow to address and resolve the issue.
- TO THE EXTENT ALLOWED BY APPLICABLE LAWS, YOU AND FRAGRANCE MARKET AGREE THAT ANY CLAIMS RELATED TO THE AUTO REFILL & SAVE PROGRAM MUST BE INITIATED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES. AFTER THIS PERIOD, SUCH CLAIMS WILL BE PERMANENTLY BARRED. THIS PROVISION DOES NOT APPLY TO RESIDENTS OF NEW JERSEY.
10. Legal Disputes; Class Action Waiver; Jury Trial Waiver
- IF YOU ARE A U.S. RESIDENT (EXCLUDING NEW JERSEY RESIDENTS), YOU ALSO AGREE TO THE FOLLOWING TERMS:
PLEASE REVIEW THIS SECTION CAREFULLY, AS IT MAY HAVE A SIGNIFICANT IMPACT ON YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A JURY TRIAL
NO CLASS ACTIONS: EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES THE RIGHT TO PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE PURSUED INDIVIDUALLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING.
WAIVER OF JURY TRIAL: EACH PARTY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO A TRIAL BY JURY) IN ANY LEGAL PROCEEDING INVOLVING DISPUTES BETWEEN THE PARTIES. THIS WAIVER APPLIES TO ALL DISPUTES, INCLUDING THOSE ARISING OUT OF OR RELATED TO THESE TERMS OR THE PARTIES' RELATIONSHIP, WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER LEGAL THEORY.
11. Choice of Law – Forum Selection
- These Terms will be governed by and interpreted in accordance with the laws of the State of Florida, excluding its conflict of law principles. You also consent to submit to the exclusive jurisdiction and venue of a court in Broward County, Florida.
12. Severability
- The provisions of these Terms are intended to be interpreted so that they remain valid, legal, and enforceable. Any provision deemed partially or wholly invalid, illegal, or unenforceable will be adjusted or limited as needed to make it valid, legal, and enforceable. Such adjustments or limitations may be made unilaterally by the Fragrance Market or a court of law. If a provision cannot be modified or limited in this way, it will be removed from the Terms without impacting the validity, legality, or enforceability of the remaining provisions.