Last Updated: 3 / 22 / 2013
Payment and Billing Terms and Conditions
A. PAYMENT AND BILLING POLICIES:
i. In the event you wish to purchase goods of any kind, you will be asked by Olfactive Studio US to supply certain information, including without limitation, your full name, street address, e-mail address, telephone number and credit card information. You agree to provide Olfactive Studio US with the foregoing information as well as any other mandatory information that is accurate, complete and current, and to comply with the terms and conditions of any agreement that you may enter into governing your purchases on the Website.
ii. Payment Methods: We accept Visa, MasterCard, and American Express. We do not accept cash or checks as a form of payment for purchases online. We apologize for any inconvenience this may cause. If you are enrolled in the Verified by Visa or MasterCard SecureCode payer authentication programs, your card issuer may prompt you for your payer authentication password to complete your purchase.
iii. Sales Tax: The sales tax rate and imposition is determined by the exact location to which the merchandise is shipped, the quantity and weight of the ordered product(s), and the delivery service chosen at the time of checkout.
iv. Your right to use the Website and receive the products is conditional upon Olfactive Studio US’ receipt of payment. If payment cannot successfully be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to immediately and without notice, either suspend or terminate your access and account. You are required to pay any amounts still owed to us at the time that your account is suspended or terminated.
v. Once your order is submitted, an order confirmation page and order number will appear on your screen.
vi. You will receive a confirmation e-mail when your transaction is accepted. You will receive an additional e-mail when your order has been shipped with your tracking number. Please keep all transaction emails for your records.
vii. To review the billing terms of your account, you may access your account details at My Account.
B. SHIPPING POLICY:
i. Delivery Options: We offer a choice of 3 delivery options within the Continental United States (Ground, Third-Day Select and Next Day Air Service). All shipping charges are calculated by total weight of package and shipping destination. Orders are shipped from our distribution center on the East Coast. Orders delivered to Alaska, Hawaii and United States Territories have different requirements. For details please contact Customer Services at OlfactiveStudioUS@kvdnyc.com
ii. No P.O. Boxes: Olfactive Studio US does not ship to P.O. Boxes. We apologize for any inconvenience this may cause.
iii. Signature required ensuring package delivery: In order to ensure your package is delivered safely and correctly, a signature may be required upon delivery unless otherwise specified in the "Comment" section of the Shipping Options page before checkout.
iv. Shipping schedule: All orders are usually processed within 5-7 business days (excluding holidays). Orders will be shipped once fully processed.
v. International Shipping: Olfactive Studio US only ships products to destinations within the United States or Canada. We apologize for any inconvenience this may cause.
C. RETURNS, REFUNDS & EXCHANGES:
If there is any issue with your order, we do offer a refund, exchange or replacement on goods returned to us within fourteen (14) days of your receipt of goods provided they are in their original and unused condition. Online purchases cannot be returned or exchanged at participating Olfactive Studio US retailers. Please follow the steps outlined below to return your goods to Olfactive Studio US:
1. Please e-mail our customer services team at OlfactiveStudioUS@kvdnyc.com to obtain a return authorization number (RAN). You will need to provide full details of your customer order number, which is provided in the documentation that arrives with your order, together with details of the items and reason for return.
2. Once you have received your RAN, please include it on your shipping label and in a note within the box. You also need to indicate whether you would like a refund, replacement or exchange. Please remember that in order for the return to be processed, you must ensure that the original online order receipt is included with your return package and that the items are unaltered, unused and include the secondary packaging in which you received them (cellophaned box).
3. Please return your package by recorded delivery to the following address:
Olfactive Studio US / KVDAR Imports
c/o Packaging & Distribution Resources
ATTN: Online Returns/Exchanges
300 Kennedy Dr Sayreville, NJ 08872
Olfactive Studio US recommends shipping returned merchandise via UPS or insured Parcel Post for tracking purposes and to ensure timely delivery. Olfactive Studio US will not assume responsibility for reimbursement or compensation in the event that return packages are lost, stolen, or mishandled.
*Please retain your recorded delivery receipt as proof of postage.
All returned goods will be examined upon receipt. Refunds, replacements or exchanges will not be offered on any altered, damaged or used goods. Please allow 30 working days for your refund, replacement or exchange to be processed Refund will be provided in the same method of payment used to make the original purchase. Delivery charges are not refunded. Olfactive Studio US reserves the right to refuse refund of any merchandise that does not meet the above requirements.
D. CANCELLATION POLICY: An order cannot be cancelled once it has been placed.
We make every attempt to keep sufficient stock of items listed on our Website, but occasionally we do sell out of certain products.
The Website is owned by Olfactive Studio US. All right, title, and interest to the content displayed on the Website (excluding User Content, as defined below), including but not limited to the Website's look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Olfactive Studio US or its partners, agents or third parties.
Modifications to the Agreement
If you have any questions or concerns with respect to the Agreement or the Website, please contact a representative of Olfactive Studio US at:
KVD NYC Inc.
64 W. 48th Street
New York, NY 10036
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance With Laws
You agree to comply with all applicable local laws regarding your use of the Website.
User Content Guidelines
The Guidelines: Olfactive Studio US has created, or may create in the future, certain areas, such as blogs, message boards and chat rooms, within the Website where members can upload and share their thoughts, comments, pictures, videos and other materials with other users of this Website (collectively, "Forums"). These Forums are available to members only. To help ensure that the text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials posted by members (collectively, the "User Content") is beneficial for the greater community, Olfactive Studio US has established some basic rules for everyone to follow in the form of these User Content guidelines (the "Guidelines").
User Content Restrictions: User Content must be appropriate for the Forum. Without limiting the reasons for which User Content may be removed by Olfactive Studio US, Olfactive Studio US may reject or edit any User Content that:
• includes a discussion of products other than Olfactive Studio US products;
• is unlawful, harassing, defamatory, abusive, hateful, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy;
• attacks the character or damages the reputation of other users, name-calls, insults, ridicules, mocks, electronically stalks or otherwise harasses another individual;
• contains material or language that is profane, pornographic, sexually graphic, ethnically offensive, "off color", political, or propaganda;
• contains crude, vulgar or offensive images or nudity;
• infringes or violates any party's Intellectual Property Rights, including, but not limited to, using third-party copyrighted materials or the names or likenesses of others without appropriate permission and attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
• has been broadcasted, streamed, published or televised in any form of media, including television, books and movies;
• contains any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
• uses any Forum to buy or solicit any goods, services, or money to advertise or sell products or services of others;
• discloses or references any personally identifiable information belonging to you or a third party;
• depicts or describes any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about others without their permission;
• impersonates any person or entity; falsely states or otherwise misrepresents an affiliation with any person or entity; intentionally omits, deletes, forges, or misrepresents transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulates identifiers to disguise the origin of any User Content transmitted to the Forum;
• contains any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
• interferes with, disrupts, or harms in any way the Website, servers or networks connected to the Website;
• uses the Website for any illegal purpose, or violates any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
• promotes drugs or alcohol, illegal or inappropriate activities or dangerous behavior that may result in harm;
• posts on behalf of a banned user;
• Olfactive Studio US otherwise determines to be inappropriate for the Website or inconsistent with Olfactive Studio US's image and reputation. By submitting User Content for posting, you agree that you have read and are familiar with the Guidelines. By submitting User Content for posting at a Forum, you also: (1) represent and warrant to Olfactive Studio US that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit User Content; (2) represent and warrant that the User Content does not constitute confidential information and is free of any claims of proprietary or personal rights; (3) agree that you are solely responsible for all User Content that you submit for posting; (4) agree that such User Content is original with you and accurate and that you own all right, title and interest in the User Content and any elements you include in the User Content, such as photographs, video footage, music tracks and the like (you may be required to provide documentation in a form acceptable to Olfactive Studio US evidencing such rights); and (5) grant to Olfactive Studio US and its affiliated entities an irrevocable, worldwide, nonexclusive, perpetual, fully sub-licensable, transferable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such User Content (in whole or part) on the Website and on any affiliate or successor Website owned or operated by Olfactive Studio US or its affiliates , and on social media pages (such as Olfactive Studio US's Facebook page, without compensation, notification, approval or any other obligation, to anyone, including yourself. Furthermore, Olfactive Studio US is free to use any ideas, concepts, know-how, or techniques contained in or derived from any User Content for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation, notification, approval or any other obligation, to anyone, including yourself. You will not have any claim against Olfactive Studio US with respect to any use or non-use of User Content, and to the extent, a claim is made against Olfactive Studio US or any of affiliated entities by any third party with respect to User Content, you agree to indemnify and hold Olfactive Studio US and its affiliated entities harmless with respect to any such claims, including, without limitation, attorneys' costs and expenses incurred in connection therewith.
When you submit User Content for posting at a Forum, you understand that Olfactive Studio US will have the right, but not the obligation, to use, display and publish your name, photograph, likeness, voice, performance, biographical information and/or statements, throughout the world in perpetuity on the Website and on any affiliate or successor Website owned or operated by Olfactive Studio US or its affiliates. If Olfactive Studio US makes use of any of the foregoing rights, you understand and agree that you shall not receive any other consideration, payment, notification or credit, nor will you have any approval over how Olfactive Studio US uses the foregoing rights.
Responsibility for Forums, User Content and Users: You acknowledge that the Forums contain the opinions and views of other members. You acknowledge further that Olfactive Studio US is not responsible for the accuracy of any User Content on the Website. You understand and agree that all User Content is the sole responsibility of the person with whom the User Content originated. You understand and agree that you will evaluate, and bear all risks associated with, the use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content.
You acknowledge and agree that, beyond providing and facilitating the Forums, Olfactive Studio US has no control over or oversight of, and will not participate or otherwise be involved in, your dealings with any other users. Any outside communications, transactions or other dealings that you may have or enter into with any other user of the Forums are solely between you and such other user.
Violations of the Guidelines: Olfactive Studio US's Rights: Olfactive Studio US and its designees have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any User Content that is available via a Forum at any time. Olfactive Studio US reserves the right to restrict access to the Forums and the Website from any user at any time for any reason, with or without warning. If you see a message you believe violates the Guidelines please contact us at OlfactiveStudioUS@kvdnyc.com.
Discontinuation: Olfactive Studio US reserves the right at any time and from time to time to discontinue, temporarily or permanently, the acceptance of User Content and/or your ability to access User Content with or without notice, in its sole discretion. You agree that Olfactive Studio US shall not be liable to you or to any third party for any suspension or discontinuance of acceptance of User Content
Storage of User Content
You agree that Olfactive Studio US may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for User Content maintained, disseminated, or transmitted through the Website. You agree that Olfactive Studio US has no responsibility or liability for the deletion of or failure to store any messages, communications, or other User Content maintained, disseminated, or transmitted through the Website.
Protection of Intellectual Property Rights and License
You acknowledge that all other content available through the Website, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors or third-party advertisers (the "Other Content"), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Olfactive Studio US herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Website or any Other Content (including, without limitation, any software) available through the Website.
You are hereby granted a nonexclusive, nontransferable, revocable, limited license to view, copy, print and distribute Other Content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the Other Content. You may not copy, reprint, modify, distribute, or sell Other Content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, regardless of whether you receive compensation, without the prior written permission of Olfactive Studio US. You may not frame any trademark, logo, or other proprietary information on this Website without the express written consent of Olfactive Studio US. Except as expressly provided in the Agreement, nothing contained in the Agreement or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise under any of Olfactive Studio US's content, under any Other Content or under any associated intellectual property rights. Any rights not expressly granted herein are reserved.
Disclaimer of Warranties With Respect to Use of Website
THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Olfactive Studio US EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Olfactive Studio US DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Olfactive Studio US MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Olfactive Studio US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Limitations of Liability
OLFACTIVE STUDIO US SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) AS A RESELLER OF ANY PRODUCTS OR SERVICES; (III) FOR ANY INCORRECT OR INACCURATE INFORMATION; (IV) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (V) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (VI) FOR ANY OTHER MATTER RELATING TO THIS WEBSITE OR ANY THIRD PARTY WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS OF LIABILITY SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN OLFACTIVE STUDIO US AND YOU. THE PRODUCTS, INFORMATION AND SERVICES OFFERED ON AND THROUGH THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
Notwithstanding the foregoing, the sole and entire maximum liability of Olfactive Studio US for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Olfactive Studio US on this Website.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
Olfactive Studio is a trademark of NAHORA SAS. All other trademarks and service marks displayed on the Website are the property of Olfactive Studio US or their respective owners. You may not use or display any trademarks or service marks owned by Olfactive Studio US or NAHORA SAS without our prior written consent. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
Notice and Procedure for Making Claims of Copyright Infringement
Olfactive Studio US asks our users to respect the intellectual property of others. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. sec. 512, Olfactive Studio US has designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Olfactive Studio US's Copyright Agent the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the Website;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
For Notice of claims of copyright infringement on this site, please contact OlfactiveStudioUS@kvdnyc.com
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. Olfactive Studio US shall remove or disable access to the material that is alleged to be infringing;
2. Olfactive Studio US shall forward the written notification to such alleged infringer ("Subscriber"); and
3. Olfactive Studio US shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Modification or Suspension of the Website
You agree that Olfactive Studio US may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Website, or any part thereof, temporarily or permanently, without notice to you, and you agree that Olfactive Studio US will not be liable for the consequences of doing so.
Either party may terminate the Agreement for any or no cause, at any time, by notice, which shall be effective immediately or as specified in the notice. If you terminate the Agreement, you will no longer have access to the member portions of the Website. In addition, you agree that Olfactive Studio US may, in its sole discretion, and at any time, terminate your use of the Website, and may remove or delete any or all of your Content within the Website, without prior notice to you for any reason that Olfactive Studio US, in its sole discretion, deems appropriate. You further agree that Olfactive Studio US will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Website. In the event of any termination of your use of or access to the Website, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination
Severability of Agreement
If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitation of Actions Brought Against Olfactive Studio US
You agree that any claim or cause of action arising out of your use of the Website or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
The Agreement and the resolution of any dispute related to the Agreement, the Website, or items you purchase through the Website shall be governed by and construed in accordance with the laws of New York, United States of America, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Olfactive Studio US and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in New York, United States of America, and you agree to submit to the personal and exclusive jurisdiction of such courts.
© 2013. Olfactive Studio US. All rights reserved.