OVERVIEW

This website is operated by Fragrance Market (FM.com INC). Throughout the site, the terms “we”, “us” and “our” refer to (FM.com INC). (FM.com INC) offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 - ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least 18 years of age or older.  By using this site, you represent that you are at least 18 years of age or older and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Please Note: Items Purchased During Sales and/or Promotions can not be returned.

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 - MODIFICATIONS TO THE SERVICE, PRICES AND PROMOTIONAL OFFERS

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products are excluded from offers. Each product detail page indicates if the promotion does not apply. Sale pricing, promotional codes and other special offers cannot be applied toward prior purchases. Promotional codes may not apply to already discounted items.  E-Gift Certificates are ineligible for discount. All prices and promotions are subject to change without prior notice. Some promotional codes and offers are specific to single marketing partners, and can only be used when referred by that partner, and within the conditions and parameters of the promotion.  Online Pricing and Promotion may differ from our in-store pricing and promotions

SECTION 5 - PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

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. 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 that we make a change to or cancel an order, we may 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.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy .

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

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

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Statement.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall (FM.com INC), our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless (FM.com INC) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of State of Florida without regard to conflicts of law principles.

SECTION 19 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - LEGAL DISCLAIMER

We are not responsible for any typographical errors or inaccuracies set forth in this website. The information, prices, promo and discounts set forth herein are subject to change without notice.

Please note that we are not the manufacturer of any of the products we carry. FragranceMarket.com is a vendor of genuine brand name fragrances, Fragrance Market is not associated with any of the Brands Sold on the website.

Please also note that product pictures may vary.

SECTION 21 - PAYMENT METHODS

Fragrance Market Accepts:

  • Credit Card
  • Paypal
  • Amazon Payment
  • Apple Pay (For iOS Device Only)
  • Klarna 

Buy Now and Pay Later With Klarna

Klarna is a payment option that lets you shop online without a credit card! It’s convenient, affordable, and easy to use. Just select Klarna when you check out so you can buy now and pay later.  

Shop Online Without a Credit Card

Why pay upfront when you can buy now and pay later – without a credit card. You can enjoy the benefits of online shopping without fumbling for your wallet or entering endless strings of numbers. And with minimum payments as low as $25/month, you can pay over time or pay your tab in full – the choice is yours!

No Hidden Fees

At the end of every billing period you can pay your balance in full or carry your tab a month longer. Klarna’s flat financing charge* makes it easy for you to know exactly how much it’ll cost to buy now and pay later. No complicated math or compounding interest rates to calculate.

Apply When You Check Out

Don’t have a Klarna tab yet? No problem! You can easily apply for an account when you check out. Simply add your items to the cart, fill out your information, and then choose to buy now and pay later with Klarna

Just select Klarna when you check out so you can buy now and pay later.

SECTION 22 - ALERT SERVICE TERMS & CONDITIONS

These terms and conditions are entered into by and between you (“you” “your” “Customer”) and FragranceMarket and its affiliates and subsidiaries (“we”, “our”, “us” or “Company”). The following terms and conditions and our Privacy Policy found here (together with “Privacy Policy” “Privacy Policies”) (collectively, “Terms and Conditions”) govern your access to and use of any content, functionality, and services offered on or through our website (“Site”) and our “Alert” programs, which includes reoccurring promotional and marketing SMS and MMS text message alerts sent by an automatic telephone dialing system and via email (“Alert” or “Alert Service” and together with the “Site” collectively, “Services”).

Please read the Terms and Conditions carefully before you start to use the Alert Service. By using the Alert Service or by clicking to accept or agree to the Terms and Conditions, you accept and agree to be bound and abide by these Terms and Conditions. If you do not agree to these Terms and Conditions you must not access or use the Alert Services. By opting into the Alert Services, you hereby expressly (i) consent to receive Alerts via text messages to the mobile device number provided by you, which may be sent by an automatic telephone dialing system, and which may originate from one or more short codes or phone numbers, and (ii) represent and warrant to us that you have attained the age of majority in your jurisdiction to freely provide such consent and bind yourself to these Terms and Conditions. Consent to these terms is not a condition of purchase. Standard message and data rates may apply.

Alerts

Opting-In. To opt-in to receiving SMS Alert Services you may utilize one or more of the methods we may make available from time to time, which may include but are not limited to: (i) clicking a hyperlink provided in an email Alert describing the SMS text message Alerts and following the directions stated therein, or (ii) providing your mobile telephone number when you visit our Site and sign up for the Services (including through a “chat” function), and, in each case, a call to action will be delivered as an Alert to your mobile device. Additionally, participating brick and mortar stores may offer the ability to opt-in and provide a mobile device number. Alert frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages.

By providing your email address and mobile telephone number you hereby consent and agree to: (a) receive reoccurring Alerts to the mobile telephone number that you provide when you sign up for the Services or any other number that you designate you, and (b) consent to receive promotional and other informational emails. Your consent to receive Alerts, including promotional messages, is not required to make a purchase.

How to Opt-Out. You may opt-out of receiving SMS text message Alerts by sending“STOP”or“UNSUBSCRIBE”to 26056. You will no longer receive Alerts via text message if you opt-out of the Alert Services. You may opt-out of receiving promotional emails from us by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations. For Help or Support. If you need assistance with your text message, simply reply with the word“HELP”to the message you received for assistance. If your question is not answered, please send an email to customer.service@fragrancemarket.com. Alert Restrictions. Alert Services sent via SMS may not be delivered to you if your phone is not in range of a transmission site, or if network capacity is not available at that time. Even within a coverage area, factors beyond a Supported Carrier’s (as defined below) control may interfere with message delivery, including your equipment, terrain, proximity to buildings, foliage, and weather. You acknowledge that urgent alerts may not be timely received, any Supported Carrier does not guarantee that alerts will be delivered. Message and data rates may apply. “Supported Carrier” means any provider of commercial mobile services (or any other radio communication service that provides mobile telecommunications services for mobile devices) with whom we are able to provide Alerts.

Termination and Changes

We may terminate these Terms and Conditions and any related Services, with or without cause, at any time. We reserve the right to withdraw or amend the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, in whole or in part.

Information About You and Your Use of the Services

.All information that we may collect on the Site or through the Services is subject to our Privacy Policies. By using the Site, or Services, you hereby consent to all actions taken by us with respect to your information in compliance with the Privacy Policies.

Your Comments and Concerns

.If there are any questions regarding these Terms and Conditions you may contact us by emailing service@fragrancemarket.com.

Charges and Carriers

Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service.

The Service may not be available on all wireless carriers. Fragrance Market may add or remove any wireless carrier from the Service at any time without notice. Fragrance Market and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages.

Termination

We reserve the right to terminate your use of the Website at any time, without notice and in our sole discretion. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.

SECTION 23 - MOBILE TERMS AND CONDITIONS

Fragrance Market offers its customers mobile alerts regarding sale promotions, event information, product launch announcements, cart reminders, back in stock alerts, price drop alerts, low inventory alerts by SMS message (the "Service") on 26056. By participating in the Service, you are agreeing to these Terms and to the Privacy Policy.

Signing Up and Opting-In to the Service 

Enrollment in the Service requires you to provide your mobile phone number and to agree to these terms and conditions. You may not enroll if you are under 18 years old. Before the Service starts, you will need to agree to these Terms. Fragrance Market reserves the right to stop offering the Service at any time with or without notice. 

By opting into the Service, you: 

Authorize Fragrance Market to use auto dialer or non-auto dialed technology to send recurring text messages to the mobile phone number associated with your opt-in (i.e., the number listed on the opt-in form or, if none, the number from which you send the opt-in, or, if none, the number on file for the account associated with your opt-in). Acknowledge that you do not have to agree to receive messages as a condition of purchase. Confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number on a family or business plan and that you are authorized to opt in. Consent to the use of an electronic record to document your opt-in. To request a free paper or email copy of the opt-in or to update our records with your contact information, please contact customer service at 877-363-0553 or info@fragrancemarket.com. To view and retain an electronic copy of these Terms or the rest of your opt-in, you will need (i) a device (such as a computer or mobile phone) with Internet access, and (ii) and either a printer or storage space on such device. For an email copy, you'll also need an email account you can access from the device, along with a browser or other software that can display the emails.

 Content You May Receive 

 Once you affirm your choice to opt-in to the Service on 26056, your message frequency may vary. You may receive alerts about:

  1. Sale promotions
  2. Event information
  3. Product launch announcements
  4. Cart reminders
  5. Back in stock alerts
  6. Price drop alerts
  7. Low inventory alerts

 Charges and Carriers 

 Message and data rates may apply. Please consult your service agreement with your wireless carrier or contact your wireless carrier to determine your phone's pricing plan and the charges for sending and receiving text messages. You acknowledge that you are responsible for any message, data or other charges incurred (usage, subscription, etc.) as a result of using the Service. 

 Supported carriers are AT & T, T-Mobile, Verizon Wireless, Sprint, Boost, Virgin Mobile, U.S. Cellular, Cricket, Alltel, Cincinnati Bell, Cellcom, C-Spire, nTelos, MetroPCS, and other smaller regional carriers. The Service may not be available on all wireless carriers. Fragrance Market may add or remove any wireless carrier from the Service at any time without notice. Fragrance Market and mobile carriers are not responsible for any undue delays, failure of delivery, or errors in messages. 

 To Stop the Service 

 To stop receiving text messages from Fragrance Market, text the word STOP to 26056 any time or reply STOP to any of the text messages you have received from Fragrance Market. After texting STOP to 26056, you will receive one additional message confirming that your request has been processed.

 Questions 

 You can text HELP for help at any time to 26056. This will provide you with a phone number and email address to customer service (877)-363-0553 or info@fragrancemarket.com). You can also contact us at Fragrance Market, 2650 SW 145th Ave, Miramar, FL 33027.

 Changes to Terms

These Mobile Terms and Conditions are subject to change at any time without notice.

 

SECTION 24 - CONTACT INFORMATION

Questions about our Terms of Service should be sent:

By email: info@fragrancemarket.com or

By mail:

Fragrance Market
2650 SW 145th Ave
Miramar, Florida 33027