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Terms and Conditions - Amir Oud Fragrance Inc.

Welcome to Amiroud.com (the “Website”, "The store), the public, e-commerce website for Amir Oud Fragrance Inc. (“Amiroud,” “We,” or “Us”).  The Website is provided as a service to our customers and your use of this Website is governed by these terms and conditions (these “Terms and Conditions”). By using this Website, you acknowledge and agree to these Terms and Conditions.  If you do not agree to these Terms and Conditions, you may not access or use the Website.  We may change these Terms and Conditions at any time, without notice to you.  Such changes are effective when they are posted to this Website and your continued use of the Website after any such changes are posted will be considered acceptance of such changes.  Capitalized words used in these Terms and Conditions, other than those capitalized only for grammatical purposes, shall have, in both their singular and plural forms, the meaning ascribed to them where the capitalized words appear in bold text inside quotation marks.

1. Orders for Products and Services. The products We make available on this Website are for your personal, non-commercial use only.  You may only order products if you are domiciled in the United States and you are 18 years old or older.  Unless otherwise indicated, all prices on the Website are in US Dollars.  You agree to pay in full the prices for any purchases you make either by credit or debit card concurrent with your online order. You agree to pay all applicable taxes and shipping fees. If payment is not received by Us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by Us.  Certain products that you purchase on this Website may be subject to additional terms and conditions presented to you at the time of such purchase.  We reserve the right to cancel or reduce the quantity of your order, without notice and at our discretion, and you will only be charged for quantities actually shipped.

2. Website Content.  The Content (as defined below) presented on this Website is intended for educational or informational purposes only.  Such information is not meant to serve as a substitute for professional medical advice.  Please consult with your own physician or health care practitioner regarding the use of any goods, products or information available on or received from this Website. Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition.  In addition, the statements made about products have not been evaluated by the U.S. Food and Drug Administration and the results reported, if any, may not necessarily occur in all individuals.  Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from this Web site before using or relying on them.  Your physician or health care practitioner should address any and all medical questions, concerns, and decisions regarding the possible treatment of any medical condition. Amiroud does not give or intend to give any answers to medical-related questions and this Website does not replace any medical professional or medical resource. Amiroud does not represent itself as a physician nor is this implied.  No prescription medications or medical treatments are intentionally provided on this Website. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.

3. Product Information and Pricing.  We cannot guarantee the accuracy of the product descriptions, product images, pricing, promotions, availability, ingredients or other information or content on the Website.  Any orders placed via the Website are not considered accepted until We have shipped the order.  We cannot confirm the price of an item until an order has shipped. We reserve the right to correct any errors or inaccuracies on the Website, to change or update information or to cancel orders if any such information is inaccurate.  We will not charge your credit card until your order enters the shipping process.  If We cancel any orders after your credit card has been charged, We will issue a credit to your account in the amount charged.

4. Colors. We try to accurately display the colors of the products you see on the Website.  However, We cannot guarantee that the colors you see on your monitor will be accurate. Some of the products photos displayed on the website have been digitally edited to make them more suitable to be displayed on an E-commerce platform. Bottles, caps, contents, and packaging might look different in reality. Amir Oud fragrance has the right to change, edit, modify it's product characteristics including but not limited to, colors, size, or material without prior notice. 

5. Website Content; License.  Amiroud and/or its licensor own all right, title and interest in and to the Website, all text, graphics, photographs, audio, video, logos, artwork, data, computer code and other materials contained or displayed on the Website (“Content”), as well as the look and feel and the design of the Website and the organization of the Content on the Website, including but not limited to any copyrights, Trademarks (as defined below), patent rights and other intellectual property and proprietary rights therein.  Your use of the Website does not grant you ownership of any Content on the Website.
Subject to these Terms and Conditions, Amiroud grants you a limited, revocable, non-sub licensable and non-transferable license to use the Website and the materials contained thereon only for your personal, non-commercial use.

6. Trademarks.  The trademarks, logos, service marks and trade names (individually, a “Trademark” and collectively, the "Trademarks") displayed on the Website or on content available through the Website are registered and unregistered Trademarks of Amiroud and others and may not be used unless authorized by the Trademark owner.  All Trademarks not owned by Amiroud that appear on the Website or on or through the Web site's services, if any, are the property of their respective Trademark owner.  Nothing contained on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website without our written permission or that of the third party Trademark owner.  Your misuse of the Trademarks displayed on the Website is strictly prohibited.

Some products are Inspired by / Compared to / Impressions of registered designers products. These products only serve the purpose to give our customers a hint of the original fragrance. Amir Oud holds no intention to pretend to be an original fragrance designer with an affiliation with such manufacturers and/or designers

Disclaimer: Name, trademarks, and copyrights are properties of their respective manufacturers and/or designers. Amir Oud Fragrance has no affiliation with the manufacturers/designers’ names listed. Our interpretation of these fragrances was created through chemical analysis and reproduction. The purpose of this description is to give the customer an idea of the desired scent character, not to mislead or confuse the customer. It is not intended to infringe on the manufacturers/designer's name and valuable trademark. These are perfume oils, not original perfumes or colognes.”


7 Prohibited Customer Activity.  Unless expressly permitted in these Terms and Conditions or with Amiroud’s written consent, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transfer, sell or in any way exploit the Contents of this Website.  Amiroud will enforce its intellectual property rights to the fullest extent of the law.  You shall not: (i) engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Website or for any services or features offered on or through the Website, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website or the services offered on or through the Website, including, without limitation, any information residing on any server or database connected to the Website or any services offered on or through the Website; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Website through any means; (iii) use the Website or the services made available on or through the Website in any manner with the intent to interrupt, damage, disable, overburden, impair the Website or such services, or interfere with any other party’s use and enjoyment of the Website including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Website or the Website’s services or features in violation of Amiroud’s or any third party’s intellectual property or other proprietary or legal rights; or (v) use the Website or the Website’s services in violation of any applicable law.  You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Website and the Content, or make unauthorized use thereof.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Website.

8. User Information.  If you register with this Website or make a purchase via the Website, you will be asked to provide personal information to Us (“User Information”).  Our information collection and use policies with respect to such User Information are set forth in the Website’s Privacy Policy which is incorporated herein by reference for all purposes.  You are responsible for keeping your “User Information” up to date and accurate.
 
 9. User Comments, Feedback, and Other Submissions.  We welcome your suggestions, feedback, ideas and other submissions (“Submitted Materials”) about the Website, its Content, and our products.  By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant Us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Materials that you provide to us, and We may delete or destroy any such Submitted Materials at any time.  Any Submitted Materials will be deemed not to be confidential or secret and may be used by Us in any manner consistent with these Terms and Conditions and the Website’s Privacy Policy.
 
10. Links to and from the Website.  If you link from any other website to this Website, such link shall open in a new browser window or tab and shall link to the full version of the Website.  You are not permitted to use any linking method whereby the Content is hosted by Us but displayed on another website (this practice is sometimes referred to as “in-line” linking).  You may not link from any other website to this Website in any manner such that the Website, or any page of the Website, is “framed,” surrounded or obfuscated by any third party content, materials or branding.  We reserve all of our rights under the law to insist that any link to the Website be discontinued, and to revoke your right to link to the Website from any other website.
You may be able to link from the Website to third-party websites and third-party websites may link to the Website (“Linked Sites”).  You acknowledge and agree that We have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of Amiroud.  Links to Linked Sites do not constitute an endorsement or sponsorship by Amiroud of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites.  Amiroud is not responsible for any content that originates from any Linked Site and that is embedded or otherwise transmitted through the Website.

11. Indemnification. You agree to defend, indemnify and hold Amiroud, its affiliates, and its and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website, your placement or transmission of any message, content, information, software or other materials through the Website, or your breach or violation of the law or of these Terms and Conditions.  Amiroud reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Amiroud’s defense of such claim.

12- RETURNS & EXCHANGES

Returns:  Amiroud would like you to be satisfied with your purchase and will gladly accept returns for items purchased through our website.  Amiroud.com purchases currently cannot be returned in-store (unless specified otherwise). If you would like to return an item, simply email us at help@amiroud.com and we help you. 

You may return most new, unopened items within 30 days of delivery for a full refund. Amiroud.com is unable to refund shipping charges. You will receive a confirmation email once we receive your package and process your return. We'll also pay the return shipping costs if the return is a result of our error (you received an incorrect or defective item, etc.) in-store credit or refund back to the card used while placing the order. You should expect to receive your refund within two weeks of giving your package to the return shipper, however, in many cases, you will receive the refund within one week of the time we receive the returned item. This time period includes the transit time for us to receive your return from the shipper (5 to 10 business days), the time it takes us to process your return once we receive it (2 to 4 business days), and the time it takes your bank to process our refund request depending on the bank (5 to 10 business days).

Exchanges:  If you would like to exchange an item purchased from Amiroud.com, please follow the same process described in return.
 
If you require further assistance, please email us at help@Amiroud.com

13- SHIPPING

Amiroud.com offers complimentary shipping within the contiguous states in the USA for orders of $200 or more (before shipping charges and sales tax). Please check with our recent offers and promotion as this offer might change Complimentary shipping does not apply to orders shipping to Alaska or Hawaii. This monetary value requirement to enable free shipping could and will be altered multiple times during a single year. Therefore, always check with recent offers and available coupons. If you want to know about latest shipping offers, kindly h to us through info@amiroud.com. 
 
Amiroud.com may choose suitable shipping providers and ships via providers such as UPS, FEDEX, or another shipping providers.  Amiroud shall not be held responsible if a shipment does not arrive, reach, or if the shipment goes missing. Amiroud will try it's best to issue a tracking number for the shipment so customers can track and locate their ordered packages. Amiroud does not control Shipping Search Engine Optimization Page in Websites Design pricing as it's derived from the shipping provider directly through web services and APIs. Amiroud reserves the right to change it's shipping providers, shipping and handling rates at any time without any notice.  Shipping costs displayed on the website may or not may not include any handling fee. 

14- Delivery Time

We try to dispatch orders as soon as we get them. Orders must be placed by 12:30 pm CST to start processing during the same business day. Orders received on Saturday, Sunday, and holidays will be processed on the following possible business day and then delivery time will be applied.
If you have questions, please email us at help@Amiroud.com


15. DISCLAIMER OF WARRANTIES.  THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED "AS IS," "AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED.  WE DO NOT WARRANT THAT THE WEBSITE OR THE SERVICES, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.  WE MAKE NO WARRANTY THAT THE WEBSITE WILL MEET USER’S REQUIREMENTS.  NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.  Amiroud ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEBSITE.  IF YOU ARE DISSATISFIED WITH THE WEBSITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE WEBSITE. 
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, Amiroud DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIMS, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEBSITE OR IN CORRESPONDENCE WITH Amiroud OR ITS AGENTS.  ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE WEBSITE ARE PROVIDED BY Amiroud “AS IS.”   THE FOREGOING DISCLAIMERS DO NOT APPLY TO THE EXTENT, IF AT ALL, OF ANY PRODUCT WARRANTY, OFFERED BY THE MANUFACTURER OF A PRODUCT OR AS OTHERWISE SPECIFICALLY SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND Amiroud OR ITS LICENSOR OR SUPPLIER. 

16. LIMITATION OF LIABILITY.  IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Amiroud, ANY OF ITS AFFILIATED COMPANIES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT, MATERIALS, PRODUCTS, AND FUNCTIONS RELATED THERETO, THE PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE, YOUR PROVISION OF INFORMATION VIA THE WEBSITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.  IN NO EVENT SHALL THE PROTECTED ENTITIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEBSITE.  IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR ANY PRODUCT ORDERED VIA THE WEBSITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO Amiroud FOR YOUR USE OF THE WEBSITE OR PURCHASE OF PRODUCTS VIA THE WEBSITE.

17. Applicable Laws. This Agreement is governed by the laws of the United States and the State of Texas, without regard to its conflict of law provisions.  You agree that any cause of action that may arise under this Agreement will be brought in the appropriate court in Collin County and You agree to submit to the personal and exclusive jurisdiction of the courts located in Collin County. 

18. Termination. We may change, suspend or discontinue this Website at any time.  We may restrict, suspend or terminate your access to the Website and/or its services if We believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability.  We will revoke the Website use privileges of users who are repeat infringers of intellectual property rights.

19. Miscellaneous. Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision.  If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect

Copyright © 2018 Amir Oud Fragrance Inc. All rights reserved.